~v~ 


UC-NRL.F 


I^SSlWi 


3^vi 


*C    23fl    S25 


~£Sws^2* 


+- 


University  of  California. 


FROM    THE    i.lliKARY    OF 


DR.     FRANCIS     LIEBER, 
Professor  of  History  and  Law  in  Columbia  College,  New  York. 


TUP.   (ilFT    OK 

MICHAEL     REESE 
Of  San  Francisco. 

i  8  r :  i  . 


■*h 


THE  RULES 


HOUSE  OF  REPRESENTATIVES, 


GENERAL  ASSEMBLY  OF  SOUTH  CAROLINA. 


VARIOUS  ACTS  AND  RESOLUTIONS, 


CONTAINING 


STANDING  ORDERS  OF  THE  HOUSE. 

THE 

Constitution  of  the  State  of  South  Carolina : 

AND    THE 

CONSTITUTION  OF  THE  UNITED  STATES. 


PRINTED  BY  ORDER  OF  THE  HOUSE  Of  REPRESENTATIVES. 


COLUMBIA,    S.    C. 
A.  G.  SUMMER,  STATE  PRINTER. 


1847. 


.A* 


•OCUMEN& 
•EPT. 


*rt*9& 


THE    RULES 


HOUSE   OF  REPRESENTATIVES. 

ADOPTED,  DECEMBER,  1838, 


.ft  r 


THE    RULES 


OF  THE 


HOUSE    OF    REPRESENTATIVES: 

ADOPTED,  DECEMBER,  1838. 


RULE  I. 
At  the  hour  to  which  the  House  shall  have  been  adjourned,  on  any  day,  the 
Clerk  shall  call  the  roll ;  and  immediately  thereafter,  the  Speaker  shall  take  the 
Chair,  and  call  the  Members  to  order.  If  a  quorum  be  present,  the  Journal  of 
Proceedings  of  the  day  preceding,  shall  be  read,  and  corrected,  if  necessary.  If 
a  quorum,  then,  or  at  any  other  time,  be  not  present,  the  Members  present,  if 
twenty  or  more,  may  send  for  the  absent  Members ;  and  all  questions  as  to 
expenses,  or  further  proceedings  against  such  absent  Members,  shall  be  deter- 
mined when  a  quorum  shall  be  present. 

RULE  II. 
When  the  House  is  called  to  order,  every  Member  shall  take  his  seat,  and 
shall,  during  the  sitting,  act  with  the  decorum  becoming  a  gentleman.  The 
Members  may  keep  on  their  hats  while  actually  sitting  in  their  respective  seats, 
but  at  all  other  times  they  shall  be  uncovered,  (except  such  as  shall  be  consci- 
entiously restrained  from  uncovering  their  heads.) 

RULE  III. 
The  hour  to  which  the  House  shall  stand  adjourned,  every  day,  shall  be  10 
o'clock,  A.  M.  of  the  succeeding  day,  (except  the  Sabbath,)  unless  otherwise 
ordered  by  the  House. 


gPIl 


6  THE    RULES    OF    THE 

RULE  IV. 

The  Speaker  shall  preserve  order  and  decorum ;  if  any  Member,  in  speaking 
or  otherwise,  transgress  the  Rules  of  the  House,  or  Parliamentary  Law,  as 
practised  or  recognized  by  the  House,  the  Speaker  shall,  or  any  Member  may, 
call  him  to  order. 

RULE  V. 
If  a  Member  be  called  to  order,  while  speaking,  he  shall  immediately  take 
his  seat,  until  the  question  of  order  be  decided,  unless  allowed  to  proceed  upon 
explanation.  If  the  decision  be  in  favor  of  the  Member,  he  shall  proceed ;  if 
otherwise,  he  shall  not  proceed  without  leave  of  the  House,  and  if  the  case 
require  it,  he  shall  be  liable  to  such  other  proceedings  as  the  House  may  take. 

RULE  VI. 
If  one  Member  on  the  floor  call  another  to  order,  for  words  spoken,  the 
exceptionable  words  shall  be  taken  down  in  writing,  by  the  Member  objecting, 
then  read,  admitted,  denied,  or  explained,  by  the  Member  who  spoke,  and 
handed  to  the  Chair,  upon  which,  the  question  of  order  shall  be  decided,  and 
proceedings  had,  as  provided  in  the  5th  Rule. 

RULE  VII. 
If  in  any  matter,  repeated  cries  of  order  shall  not  produce  order,  the  Speaker 
may  call,  by  his  name,  any  Member  obstinately  persisting  in  irregularity ; 
whereupon,  if  the  Speaker  deem  it  necessary,  he  shall  state  the  offence  com- 
mitted; the  Member  may  be  heard  in  his  exculpation,  and  shall  withdraw,  and 
the  House  shall  consider  of  the  punishment  to  be  inflicted,  or  further  proceed- 
ings  to  be  had. 

RULE  VIII. 

In  case  of  any  disturbance,  or  disorderly  conduct  in  the  gallery  or  lobby,  the 
Speaker,  or  Chairman  of  the  Committee  of  the  Whole,  shall  have  power  to 
order  the  place  to  be  cleared;  or  any  Member  may  move  for  such  order;  and  any 
person  guilty  of  a  contempt  of  the  House,  may  be  ordered  into  custody  by  the 
House,  and  dealt  with  as  may  by  it  be  deemed  proper. 

RULE  IX. 
All  questions  of  order  shall  be  determined  by  the  Speaker,  in  the  first  instance, 
without  debate,  or  with  such  debate  as  the  Speaker,  at  his  discretion,  may 
permit ;  but  any  Member  may  appeal  to  the  House,  from  the  decision  of  the 


■*. 


HOUSE  OP    REPRESENTATIVES.  7 

Speaker,  on  which  appeal  no  Member  shall  speak  more  than  once,  without  leave 
of  the  House. 

RULE  X. 
The  Speaker  may  give  information,  or  explain  any  matter  before  the  House ; 
he  may  speak  on  points  of  order,  in  preference  to  other  Members,  and  as  often 
as  he  may  deem  necessary ;  but  he  shall  not  enter  into  other  debate,  or  endeavor 
to  influence  any  question  before  the  House. 

RULE  XI. 
Every  Member,  when  about  to  speak,  shall  rise  from  his  seat,  and  respect- 
fully address  himself  to  "  Mr.  Speaker ;"  and  in  speaking,  shall  avoid  disrespect 
to  the  House,  or  to  the  Senate,  and  all  personalities ;  and  he  shall  confine  himself 
to  the  question  under  consideration. 

RULE  XII. 
The  Speaker,  when  addressed  by  a  Member  who  rises  in  order,  shall  name  the 
Member,  using  no  title  but  that  of  "  Mr."     The  Member  who  shall  rise  first  in 
order,  shall  be  first  heard,  and  if  several  rise  about  the  same  time,  the  Speaker 
shall  decide  who  was  first  up. 

RULE  XIII. 
No  Member  shall  speak  more  than  twice  to  the  same  question,  without  leave 
of  the  House,  except  merely  to  explain  his  meaning,  even  if  the  debate  on  the 
question  should  be  continued  for  many  days. 

RULE  XIV. 
If  any  Member  shall  absent  himself  without  leave,  he  may  be  sent  for,  and 
made  to  pay  expenses,  and  kept  in  custody,  at  the  discretion  of  the  House. 

RULE  XV. 

Upon  a  call  of  the  House  being  ordered,  the  Clerk  shall  call  the  roll  of 
Members,  and  note  the  absentees ;  the  names  of  the  absentees  shall  then  be 
called  over  at  such  intervals,  and  as  often,  as  the  House  may  direct ;  proclamation 
may  be  made,  and  messengers  sent  to  require  the  attendance  of  Members ;  and 
if  the  House  should  not  dispense  with  further  proceedings,  the  doors  may  be 
closed ;  absentees,  (for  whom  no  sufficient  excuse  is  made,)  may  be  taken  into 
custody  as  they  appear,  or  they  may  be  sent  for  and  taken  into  custody  wherever 
to  be  found,  and  each  detained  in  custody,  and  made  to  pay  fees,  at  the  discre- 
tion of  the  House. 


ft 


8  THE  RULES    OF   THE 

RULE  XVI. 
The  fees  of  the  regular  Messenger,  or  of  any  special  Messenger,  to  be  appoint- 
ed by  the  House,  shall  be  two  dollars  for  any  arrest ;  for  each  day's  custody  and 
releasement,  one  dollar;  for  travelling  expenses,  going  and  returning,  ten  cents 
a  mile. 


RULE  XVII. 
All  Committees  shall  be  appointed  by  the  Speaker,  unless  otherwise  specially 
directed  by  the  House ;  in  which  case,  they  shall  be  appointed  by  ballot. 

RULE  XVIII. 
As  soon  as  practicable,  after  the  first  meeting  of  the  Legislature,  succeeding 
a  general  election,  twenty-three  Standing  Committees  shall  be  appointed,  to 
serve  until  the  next  general  election,  or  until  a  special  order  to  the  contrary  be 
made  by  the  House,  to  wit: 

A  Committee  on  Privileges  and  Elections,  to  consist  of  Members  who  received 
the  highest  number  of  votes  in  their  several  Districts  and  Parishes;  one  from 
every  Congressional  District  in  the  State,  and  so  many  others  as  will  make 
eleven  in  the  whole. 
A  Committee  of  Ways  and  Means,  to  consist  of  nine  Members. 
A  Committee  on  Federal  Kelations,  "  " 

A  Committee  on  the  Judiciary,  "  " 

A  Committee  on  Internal  Improvements,     "  " 

A  Committee  on  Claims,  "  " 

A  Committee  on  the  Military,  "  " 

A  Committee  on  Roads,  Bridges  and  Ferries,  " 

A  Committee  on  Public  Buildings,  "  " 

A  Committee  on  Incorporations,  "  " 

A  Committee  on  Education,  "  " 

A  Committee  on  Accounts,  "  * 

A  Committee  on  Colored  Population,  "  " 

A  Committee  on  District  Offices  and  Officers,  " 

A  Committee  on  Agriculture,  " 

A  Committee  on  Grievances,  "  " 

A  Committee  on  the  Lunatic  Asylum,         "  " 

A  Committee  on  Pensions,  "  " 


I 


-fte. 


HOUSE   OF    REPRESENTATIVES.  V 

A  Committee  on  the  Public  Printing,  to  consist  of  seven  Members. 
A  Medical  Committee,  "  " 

A  Committee  on  Vacant  Offices,  "  " 

A  Committee  on  Engrossed  Acts,  to  consist  of  five  Members. 
A  Committee  on  the  Legislative  Library,     "  " 

RULE  XIX. 
Any  Member  appointed  to  serve  on  a  Committee,  may  be  excused  by  the 
House,  and  he  shall  be  entitled  to  claim  his  excuse,  if  he  be  at  the  time  of  his 
appointment  a  member  of  three  other  Committees. 

RULE  XX. 
After  a  Committee  has  been  appointed,  no  addition  to  it,  or  change  shall  be 
made,  on  motion,  except  to  fill  a  vacancy,  or  excuse  a  Member. 

RULE  XXI. 
No  Member  shall  be  appointed  of  a  Committee,  before  he  shall  have  been 
sworn,  and  have  taken  his  seat.  Any  Member  who  shall  be  sworn  after  the 
general  announcement  of  the  Committees,  shall,  within  a  few  days  afterwardst 
be  placed  by  the  Speaker  on  one  or  more  Standing  Committees,  even  although 
the  number  of  the  Committee  should  thereby  be  extended  beyond  the  regular 
number. 

RULE  XXII. 
A  majority  of  a  Committee  shall,  when  assembled,  constitute  a  quorum  for 
business.  If  the  Members  fail,  to  the  probable  delay  or  neglect  of  business,  to 
form  a  quorum,  upon  the  summon  of  the  Chairman,  or  if  individual  Members 
frequently  fail  to  attend  the  meetings  of  the  Committee,  the  Chairman  shall 
report  the  delinquency  to  the  House,  which  shall,  in  its  discretion,  take  order  for 
the  censure  of  the  delinquents,  or  other  suitable  proceeding. 

RULE  XXIII. 
No  Committee,  without  special  leave,  shall  sit  during  the  sitting  of  the 
House,  except  that  the  Committee  on  Engrossed  Acts,  and  any  Committee  of 
Conference,  may  sit  at  any  time,  and  may  report  at  any  time  when  a  message 
might  be  received.  All  Committees  shall  have  leave  to  report  by  bill  or 
otherwise. 
2 


10  THE    RULES    OF    THE 

RULE  XXIV. 

If,  upon  a  question  taken  by  acclamation,  the  Speaker  doubts,  or  a  division 
be  called  for,  the  House  shall  divide,  by  those  in  the  affirmative  first  rising  from 
their  seats — then  those  in  the  negative.  If  the  Speaker  still  doubts,  or  a  count 
be  required,  the  Speaker  shall  name  one  Member  from  each  side,  to  tell  the 
numbers  in  the  affirmative,  and  those  in  the  negative,  and  from  their  report  shall 
state  the  decision. 

RULE  XXV. 
Upon  any  question,  at  the  request  of  any  seven  Members,  who  may  signify 
their  request  by  rising,  the  ayes  and  noes  shall  be  ordered ;  whereupon,  at  the 
decision,  the  Clerk  shall  call  the  roll  and  take  the  names  of  all  who  vote  aye, 
and  of  all  who  vote  no,  which  he  shall  enter  on  the  Journals,  and  cause  to  be 
printed  in  any  Gazette  in  this  State. 

RULE  XXVI. 

When  a  question  is  to  be  taken  by  ayes  and  noes,  after  the  House  is  ready 
for  the  question,  and  the  same  has  been  stated,  and  the  first  response  has  been 
made  to  the  Clerk's  call,  the  debate  shall  cease,  the  door  keeper  shall  close  the 
door,  and  keep  it  closed  until  the  decision  shall  have  been  announced  by  the 
Speaker.  After  the  door  has  been  thus  closed,  no  Member,  when  called  by  the 
Clerk,  shall  say  more  than  "aye"  or  "no."  Every  Member  who  may  be  in  the 
House,  when  called,  shall  (unless  the  House  shall  have  before  excused  him,  or 
shall  afterwards  excuse  him  from  voting  on  the  question,)  give  his  vote,  under 
the  penalty  of  such  proceeding  as  the  House  may,  after  the  decision,  in  its  dis- 
cretion, adopt  to  punish  his  contempt.  No  Member  shall,  under  any  circum- 
stances, be  permitted  to  vote  after  the  decision  shall  have  been  announced  by 
the  Chair.  After  the  decision  of  the  question,  a  Member  absent,  may  be  per- 
mitted to  record  the  vote  he  would  have  given,  if  present,  but  such  vote  shall 
not  affect  the  previous  decision. 

RULE  XXVII. 
No  Member  shall  vote  on  any  question  of  a  private  nature,  in  the  event  of 
which  he  is  directly  interested, 

RULE  XXVIII. 

The  Speaker  shall  vote  in  all  cases,  (except  when  he  may  be  directly  interest- 
ed, or  shall  be  excused,)  his  name  being  called  last  in  the  ayes  and  noes.  If 
with  his  vote,  the  House  be  equally  divided,  the  question  shall  be  decided  in  the 
negative. 


>m 


fe 


HOUSE   OF    REPRESENTATIVES.  11 

RULE  XXIX. 
No  motion  shall  be  debated,  until  it  shall  have  been  seconded,  and  stated  by 
the  Speaker.     When  moved  and  seconded,  any  motion  shall,  if  desired  by  the 
Speaker,  or  any  other  Member,  be  reduced  to  writing,  and  delivered  in  at  the 
table  and  read,  before  it  shall  be  debated. 

RULE  XXX. 
No  Member  shall,  in  a  speech,  or  on  other  occasion,  read  in  his  place,  any 
book  or  paper,  (except  a  report  or  resolution  he  is  submitting,)  if  objection  be 
made,  without  leave  of  the  House,  which  must  be  asked  without  debate.  When 
the  reading  of  any  book  or  paper  from  the  desk  is  called  for,  and  objection  made, 
the  question  shall  be  determined  by  the  House,  without  debate. 

RULE  XXXI. 
The  mover  may  withdraw  any  question  or  proposition,  before  amendment  or 
decision. 

RULE  XXXII. 

One  day's  notice,  at  least,  shall  be  given  by  a  Member,  of  his  intention  to  ask 

leave  to  introduce  a  bill,  and  upon  the  motion  for  leave  to  introduce,  being 

seconded,  after  the  notice,  the  mover  may  be  heard  as  to  the  nature  and  merits 

of  his  proposition,  but  no  other  debate  on  the  question  of  leave  shall  be  allowed. 

RULE  XXXIII. 
Every  bill,  before  presentation,  shall  have  its  title  endorsed;  every  report,  its 
title  at  length;  every  petition,  memorial,  or  other  paper,  its  prayer  or  substance; 
and  in  every  instance,  the  name  of  the  Member  presenting  any  paper  shall  be 
endorsed,  and  the  paper  shall  be  presented  by  the  Member  to  the  Speaker,  at 
the  desk. 

RULE  XXXIV. 
When  any  motion  or  proposition  shall  be  made,  before  any  debate  or  order 
on  the  subject,  the  Speaker  at  his  pleasure  may,  or  upon  the  demand  of  any 
Member  shall,  put  the  question,  "  Will  the  House  now  receive  this  ?"  which 
question  shall  be  decided  without  debate ;  and  if  it  be  decided  in  the  negative, 
the  matter  shall  be  as  if  not  presented,  and  shall  not  again  be  presented  that 
day.  If  no  such  question  be  put,  the  matter,  if  in  order,  shall  be  received 
without  question.  In  like  manner,  upon  any  petition,  or  other  paper,  the 
question  of  receiving  may  be  made,  but  otherwise,  it  shall  be  received  and 
disposed  of. 


12  T11E   BULKS    OF    TH£ 

RULE  XXXV. 

A  question  before  the  House  shall  be  suspended  by — 1,  a  Message ;  2,  a 
Report  of  the  Committee  on  Engrossed  Acts ;  3,  a  Report  of  a  Committee  of 
Conference ;  4,  question  of  order ;  5,  a  question  of  privileges ;  6,  a  question 
of  taking  a  recess ;  7,  any  other  incidental  question,  such  as  of  reading  papers, 
dividing  a  question,  withdrawing  a  motion,  excusing  a  member  from  voting,  or 
the  like ;  of  which,  the  six  first  named  may  suspend  even  a  speech,  provided 
that  the  sixth,  if  once  negatived,  be  not  received  during  the  same  speech, 
without  the  assent  of  the  Member  speaking. 

RULE  XXXVI. 
When  a  question  is  under  debate,  no  motion,  (besides  those  mentioned  in 
the  next  preceding  rule,)  shall  be  received,  except — 1,  to  adjourn ;  2,  to  proceed 
to  the  orders  of  the  day ;  3,  to  lay  on  the  table ;  4,  to  postpone  indefinitely,  or 
to  a  day  beyond  the  session ;  5,  to  adjourn  the  debate  to  a  day  certain  within 
the  session ;  6,  to  commit  or  re-commit ;  7,  to  amend ;  which  several  motions 
shall  have  precedence  in  the  order  in  which  they  are  here  arranged ;  and  of 
these,  the  first  and  second  may  be  permitted  to  interrupt  a  speech,  subject  to 
the  provisions  contained  in  subsequent  rules.* 

RULE  XXXVII, 
A  motion  to  strike  out  the  enacting  words  of  a  bill,  or  resolving  words  of  a 
resolution,  shall  have  precedence  of  a  motion  to  amend,  and  if  carried,  shall  be 
considered  as  equivalent  to  rejection. 

RULE  XXXVIII. 
In  filling  a  blank  with  any  number  or  date,  the  largest  number,  and  shortest 
date  proposed,  shall  be  first  put. 

RULE  XXXIX. 

When  a  motion  to  refer  shall  be  made,  and  different  Committees  be  named, 
the  question  shall  be  taken  in  the  following  order,  viz :  the  Committee  of  the 
Whole ;  Standing  Committees ;  a  Select  Committee. 

RULE  XL. 

Subject  to  the  exceptions  contained  in  the  five  rules  next  preceding,  the 
question  first  moved  shall  be  first  put. 


*  See  Rules  43—42. 


HOUSE   OF  REPRESENTAtlVES.  13 

RULE  XLI. 
Any  Member  may,  without  debate,  call  for  the  division  of  a  question,  and 
the  House  may  divide  it  if  it  shall  appear  to  comprehend  questions  so  distinct, 
that  one  being  taken  away,  the  rest  may  stand  entire  for  decision.  A  motion 
to  strike  out  and  insert,  shall  be  deemed  indivisible ;  but  a  motion  to  strike  out 
being  lost,  shall  not  be  deemed  equivalent  to  agreement,  nor  shall  it  preclude 
either  amendment  or  a  motion  to  strike  out  and  insert. 


RULE  XLII. 

Motions  to  adjourn ; 
"         to  take  a  recess ; 
"         to  lay  on  the  table ; 
"         to  take  up  from  the  table ; 

"         to  take  up  any  matter  in  the  orders  of  the  day  not  regularly  reached  j 
"         to  proceed  to  the  orders  of  the  day ; 

to  discharge,  lay  aside  for  the  day,  depart  from,  or  suspend  the 
orders ; 
"         to  postpone  indefinitely,  or  to  a  day  beyond  the  session ; 
"         to  adjourn  a  debate ; 
shall  be  decided  without  debate,  after  such  short  conversations  as  the  Speaker 
may  permit. 

No  motion  to  lay  on  the  table ; 
"  "to  postpone  or  adjourn  a  debate  ; 

"  "to  proceed  to  the  general  orders  of  the  day ;  or 

"  "to  commit, 

having  been  negatived,  shall  be  again  allowed  at  the  same  stage  of  the  bill 
or  proposition,  within  one  hour  of  the  time  when  the  question  was  before 
negatived. 

RULE  XLIII. 
Motions  for  adjournment,  shall  always  be  in  order,  except  whilst  the  House 
is  actually  engaged  in  deciding  a  question  by  ayes  and  noes,  or  in  balloting ; 
but  a  motion  to  adjourn  having  been  negatived,  no  new  motion  to  adjourn 
shall  be  in  order  until  fifteen  minutes  shall  have  elapsed  from  the  decision  of 
the  former  motion. 

RULE  XLIV. 

Indefinite  postponement  shall  dispose  of  the  question  for  the  session. 


14  THE    RULES    OF    THE 

RULE   XLV. 

When  a  question  shall  have  been  once  decided,  in  the  affirmative  or  negative, 
any  Member  who  voted  in  the  majority,  may,  on  the  same  day,  or  the  next 
day  of  the  sitting  of  the  House,  move  for  a  re- consideration  thereof;  provided, 
that  the  bill,  resolution,  message,  report,  amendment,  motion,  or  other  paper, 
upon  which  the  vote  was  taken,  shall  not  have  gone  out  of  the  possession  of 
the  House,  announcing  the  former  decision. 

RULE  XLVI. 

The  first  reading  of  a  bill  shall  be  for  information — no  amendment  shall 

then  be  in  order.     If  opposition  be  then  made  to  the  bill,  the  question  shall  be, 

"  Shall  this  bill  be  rejected?"     If  no  opposition  be  made,  or  if  the  question  to 

reject  be  lost,  the  bill  shall  be  ordered  for  a  second  reading  without  a  question. 

RULE  XLVII. 
When  a  bill  shall  be  taken  up  for  a  second  reading,  and  not  before,  it  shall 
be  referred  to  some  Committee,  unless  the  House  unanimously  agree,  without 
debate,  to  dispense  with  a  reference. 

RULE  XL VIII. 
The  second  reading  of  a  bill  shall  be  clause  by  clause — recurrences  not 
being  allowed,  unless  by  leave  of  the  House,  upon  motion,  without  debate. 
After  the  bill  shall  have  been  read,  and  all  amendments  and  privileged  motions 
(if  any)  disposed  of,  the  question  shall  be,  upon  a  bill  originating  in  the  House, 
"  Shall  this  bill  be  sent  to  the  Senate?"  Upon  a  bill  which  came  from  the 
Senate,  "  Shall  this  bill  be  returned  to  the  Senate  ?"  Upon  a  decision  in  the 
affirmative,  the  order  shall  be  made  accordingly — a  decision  in  the  negative, 
shall  be  a  rejection. 

RULE  XLIX. 
At  the  third  reading  of  a  bill,  the  bill  shall  be  read  entire,  without  question, 
except  that  the  Speaker  shall  call  the  attention  of  the  House,  to  amendments 
made  by  the  Senate,  since  the  second  reading  in  the  House,  and  shall  take  the 
vote  of  the  House  upon  any  such  amendment,  either  when  the  amendment  is 
reached,  or  at  the  end  of  the  clause  into  which  it  shall  have  been  introduced. 
The  question  then  shall  be,  in  the  case  of  a  bill  which  originated  in  the  House, 
"  Shall  this  bill  pass  ?"  A  decision  in  the  negative,  shall  be  a  rejection ;  upon 
a  decision  in  the  affirmative,  the  order  shall  be  made  without  question,  that 
the  title  of  the  bill  be  changed,  and  that  it  be  called  an  act,  and  sent  to  the 


# 


HOUSE   OF    REPRESENTATIVES.  15 

Senate.  In  the  case  of  a  bill  which  originated  in  the  Senate,  the  question 
shall  be,  "  Shall  this  act  pass?"  A  decision  in  the  negative,  shall  be  a  rejec- 
tion. Upon  a  decision  in  the  affirmative,  the  order  shall  be  made  without 
question,  that  the  act  be  returned  to  the  Senate. 

RULE  L. 
An  Act  which  originated  in  the  House,  having  been  returned  from  the 
Senate,  after  its  passage,  shall  be  committed  to  the  Committee  on  Engrossing 
Acts. 

RULE  LI. 
At  the  third  reading  of  a  bill,  no  rider  or  amendment,  shall  be  permitted 
without  unanimous  consent,  except  that  the  Chairman  of  the  Committee  of 
Ways  and  Means  may,  (if  he  shall  have  given  notice  at  the  second  reading, 
of  his  intention  to  offer  amendments  at  the  third,)  be  permitted  to  offer  amend- 
ments to  any  bill  to  raise  supplies,  or  to  make  appropriations,  such  as  may  be 
pertinent  to  the  bill :  and  provided  that  the  House  may,  in  its  discretion, 
commit  or  re-commit  any  bill  at  its  third  reading ;  and  in  such  case,  there  shall 
go  with  the  bill,  to  the  Committee,  any  amendments  which  any  Member,  at  the 
second  reading,  may  have  given  written  notice  of  his  intention  to  offer  at  the 
third  reading ;  and  after  the  Report  of  the  Committee,  any  amendment  which 
it  shall  recommend,  may  be  adopted. 

RULE  LII. 

No  bill  shall  be  read  a  third  time,  on  the  day  fixed  for  the  adjournment  of 
the  Legislature, 

RULE  LIII. 

All  bills  reported  by  a  Committee,  shall  of  course  be  printed,  together  with 
the  Report  of  the  Committee,  unless  the  House  shall  specially  dispense  with 
printing :  no  other  paper  shall  be  printed  without  the  order  of  the  House. 

RULE  LIV. 
Any  bill,  report,  petition,  or  other  paper,  which  may  come  before  the  House, 
may  be  committed  or  re-committed  before  a  final  decision  thereon, 

RULE  LV. 
The  Speaker  may,  whenever  he  may  think  it  necessary,  order  any  bill,  after 
its  second  reading,  or  any  resolution,  report,  or  other  paper,  which  has  been 
under  consideration,  to  be  fairly  engrossed, 


»* 


16 


THE    RULES    OF    THE 


RULE  LVI. 

No  motion  or  proposition  on  a  subject  materially  different  from  that  under 
consideration,  shall  be  admitted  under  color  of  amendment;  and  no  clause 
shall  be  inserted  or  introduced  into  a  bill,  which  does  not  relate  to  the  general 
objects  of  the  bill. 

RULE  LVII. 
Orders  of  the  Day  shall  be  special  or  general :  Special,  when  a  particular 
day,  at  a  particular  hour,  may  be  specially  appointed,  for  a  particular  matter ; 
General,  when  a  matter  is  ordered  for  consideration  or  action,  on  a  day  subse- 
quent, without  special  preference  given  to  it.  Any  member  may  insist  upon 
a  special  order  of  the  day,  or  other  special  order,  until  it  be  discharged.  A 
General  Order  of  the  Day  shall  always  require  the  special  assent  of  the  House, 
before  it  be  proceeded  in  or  executed. 

RULE  LVIII. 
Every  bill  which  shall  be  ordered  for  a  second  reading ;  every  report  of  a 
Committee,  and  every  original  resolution  received  from  any  member,  shall  be 
ordered  for  consideration  on  the  next  day  of  sitting  after  the  order,  and  shall 
be  placed  in  its  turn  in  the  general  Orders  of  the  Day ;  and  each  paper  in  the 
general  orders,  shall  have  priority  according  to  the  date  of  the  last  order  for 
consideration  made  upon  it :  Except,  that  the  House  may  make  a  special  order 
for  the  consideration  of  any  subject,  on  any  day  subsequent ;  or  may  agree 
to  take  up  any  matter  in  the  Orders  of  the  Day,  before  it  be  reached  in  order ; 
or  may  consider  any  report  or  resolution  on  the  day  it  may  be  submitted, 
provided  ten  Members  do  not  signify  objections  to  doing  so  by  rising,  when 
called  on  for  that  purpose,  if  a  proposition  so  to  consider  be  made  to  the 
House;  and  except  that,  a  bill  reported  by  a  Committee  shall  be  read  a  first 
time  when  the  report  may  be  received,  and  ordered  for  consideration  along  with 
the  report ;  and  that  a  report  made  by  the  Committee  of  Privileges  and  Elec- 
tions, on  any  question  relating  to  elections,  may  be  considered  whenever  the 
House  may  direct ;  and  that  a  report  of  Committee  of  the  Whole,  or  of  the 
Committee  of  Engrossed  Acts,  or  of  a  Committee  of  Conference  may  be  con- 
sidered whenever  the  House  shall  direct. 

RULE  LIX. 
All  questions  as  to  priority  of  business,  or  as  to  the  time  when  any  matter 
shall  be  considered,  or  ordered  for  consideration,  and  as  to  a  departure  from  the 
regular  order  of  business,  shall  be  decided  without  debate. 


HOUSE   OF   REPRESENTATIVES.  17 

RULEX  LX. 
When  the  House  shall  not  direct  a  different  course,  which,  at  any  time,  in 
any  particular  not  forbidden  by  these  Rules,  it  may  do,  the  following  order  of 
business  shall  be  enforced  every  day,  by  the  Speaker,  unless  departed  from  by 
leave  of  the  House : 

1.  After  the  reading  of  the  Journals,  the  Speaker  shall  present  to  the  House 
communications  on  the  Speaker's  table,  intended  to  give  information,  or  to  be 
referred;  messages  and  papers  from  the  Senate,  requiring  immediate  action, 
or  not  likely  to  lead  to  debate,  including  of  course,  reports  from  the  House, 
concurred  in  by  the  Senate,  and  returned ;  bills  twice  read  in  the  Senate,  and 
to  be  read  a  first  time  in  the  House ;  reports  from  the  Senate,  to  be  referred 
in  the  House,  or  laid  on  the  table,  until  reports  of  the  House  on  the  same  sub- 
jects, are  to  be  considered  ;  Acts  to  be  committed  to  the  Engrossing  Committee, 

2.  The  Speaker  shall  call  for  petitions,  memorials,  presentments  of  Grand 
Juries,  returns  of  Commissioners,  and  such  like  papers,  to  be  presented  by 
Members  and  disposed  of. 

3.  The  Speaker  may,  on  any  day,  and  shall,  on  Tuesdays  and  Fridays,  call 
for  reports  of  Committees :  first  the  Standing,  then  the  Special  Committees. 

4.  The  Speaker  shall  call  for  resolutions,  bills  and  motions,  to  be  presented 
by  individual  Members. 

5.  The  Speaker  shall  present  any  messages  or  papers  from  the  Senate,  on 
subjects  likely  to  produce  division  in  the  House,  which,  without  hindrance  of 
business,  may  be  delayed  until  this  time ;  and  bills  requiring  a  third  reading. 

6.  The  House  not  ordering  to  the  contrary,  the  orders  of  the  day  shall  be 
taken  up  at  the  beginning,  or  at  the  point  where  they  were  last  interrupted, 
and  be  continued  until  the  House  adjourn ;  or  direct  these  orders  to  be 
suspended,  or  departed  from,  for  the  purpose  of  taking  up  some  other  matter, 

7.  The  Orders  of  the  Day  having  been  disposed  of,  or  laid  aside,  and  no 
special  direction  for  other  business  having  been  given  by  the  House,  the 
Speaker  shall  call  for  motions  to  take  up  matters  on  tlw  table. 

I^ILE  LXI. 
A  motion  to  take  up  any  matter  which  lies  on  the  table,  may  be  made,  either 
when  the  Speaker  calls  for  motions,  or  when  he  calls  for  motions  to  take  up 
matters  on  the  table,  if  the  matter  be  such  as  should  not  properly  be  in  the 
Orders  of  the  Day. 

But  if  the  matter  be  such  as  has  been  in  the  Orders  of  the  Day,  or  would 
regularly  have  been  placed  there,  if  not  laid  on  the  table,  a  motion  to  take  it 
3 


18  THE    RULES   OF    THE 

up,  shall  be  made  only  when  motions  to  take  up  matters  on  the  table,  have 
been  called  for :  Except  as  follows : 

At  any  time  when  no  question  is  before  the  House,  a  motion  to  take  up  any 
matter  on  the  table,  may  be  made  by  unanimous  consent : 

A  motion  to  take  up  from  the  table  any  matter,  may  be  made,  whensover  a 
subject  with  which  it  is  proper  to  be  considered,  is  presented  for  consideration : 

A  motion  may  at  any  time,  when  the  House  is  not  engaged  upon  another 
question,  be  made  to  take  up  a  bill,  or  other  paper,  for  the  purpose  of  placing 
it  in  the  Orders  of  the  Day,  or  of  referring  it,  or  of  making  an  order  relating 
to  the  printing  of  it : 

At  any  time  when  the  House  is  engaged  in  the  Orders  of  the  Day,  a  motion 
may  be  made  to  take  up  any  matter,  which  having  been  in  the  orders  of  the 
day,  was  laid  on  the  table,  when  called  for  consideration  in  the  course  of  the 
orders : 

A  motion  to  take  up  any  matter  on  the  table,  or  to  take  up  any  matter  not 
reached  in  the  Orders  of  the  Day,  having  been  negatived,  shall  not  be  renewed 
within  one  hour,  if  objection  be  made. 
• 

RULE  LXII. 

During  the  first  two  weeks  of  the  session,  the  Orders  of  the  day  shall  not  be 
taken  up,  nor  any  bill  read  a  third  time,  before  12  o'clock  meridian. 

RULE  LXIII. 
The  Clerk  of  the  House,  shall  cause  to  be  pinted  and  laid  on  the  tables  of  the 
Members,  every  morning,  the  orders  of  the  preceding  day,  arranged  according 
to  priority,  and  numbered  from  the  commencement  of  the  session — every  matter 
being  introduced  and  numbered  anew  after  every  new  order  upon  it,  and  the 
substance  of  the  order  being  summarily  stated,  as  "  Bill,  &c,  ordered  for  a 
second  reading ;"  "  Keport  of  Committee,  &c,  on  bill,  &c,  ordered  for  conside- 
ration ;"  "  Report  on  bill,  &c,  taken  from  the  table  and  ordered  for  considera- 
tion." 

• 
RULE  LXIV. 

A  debate  interrupted  by  a  simple  adjournment,  shall  afterwards  be  resumed 
at  the  point  of  interruption,  as  if  the  debate  had  been  formally  adjourned. 
If  the  matter  under  debate  be  in  the  orders,  general  or  special,  it  shall  first  be 
taken  up  when  next  the  orders  are  taken  up,  unless  a  special  order  to  the  con- 
trary be  made  by  the  House ;  if  it  be  a  matter  not  in  the  orders,  it  shall  be 
taken  up  at  the  next  meeting,  before  any  other  question  is  presented,  except 


HOUSE   OF    REPRESENTATIVES.  19 

incidental  questions,  and  such  matters  on  his  table  as  the  Speaker  may  think 
necessary  to  present,  and  such  questions  as  the  House  may  give  special  leave 
to  be  first  presented.  In  like  manner,  and  with  like  exceptions,  a  matter 
interrupted  by  a  call  for  the  Orders  of  the  Day,  shall,  after  the  orders  have  been 
disposed  of,  or  laid  aside,  and  such  matters  as  may  be  taken  up  from  the  table, 
have  been  disposed  of,  or  after  adjournment,  be  resumed  at  the  point  of  inter- 
ruption, before  any  other  question. 

RULE   LXV. 

Messages  may  be  received  at  any  time  whilst  the  door  is  open,  except  whilst 
a  question  is  putting,  or  a  ballot  is  taking,  (the  latter  exception,  not  to  apply  to 
messages  from  the  Senate,  asking  leave  for  Senators  to  deposite  their  ballots.) 
A  message  shall  be  presented  to  the  House  by  the  Speaker,  when  received,  or 
afterwards,  according  to  its  nature  and  the  business  in  which  the  House  is 
engaged ;  or  its  consideration  may,  on  motion,  be  ordered  by  the  House. 

RULE  LXVI. 
The  Reading  Clerk  shall  prepare,  in  writing,  present  to  the  Speaker  for  his 
signature,  and  bear  all  messages  to  the  Senate,  ordered  by  the  House,  unless  a 
different  form  of  sending  any  message,  be  ordered  by  the  Speaker,  or  the  House. 
The  Reading  Clerk  shall  read  all  papers  to  be  read  at  the  desk,  which  the 
Speaker  may  direct  him  to  read,  the  Speaker  being  specially  responsible  that  all 
amendments  ordered  by  the  House,  be  correctly  made,  and  that  the  attention 
of  the  House  be  called  to  all  amendments  made  by  the  Senate,  since  the  matter 
was  before  the  House.  The  Reading  Clerk  shall  also  be  charged  with  the  duty 
of  having  executed,  in  a  prompt  and  accurate  manner,  all  the  Printing  executed 
by  the  rules  or  orders  of  the  House, 

RULE  LXVH. 
The  prayer  of  no  petition  nor  memorial  shall  be  granted,  nor  shall  any  report 
from  the  Senate  be  concurred  in,  until  there  has  been  a  report  from  a  Committee 
of  the  House,  on  the  said  petition  or  memorial,  or  on  the  said  report  of  the 
Senate,  or  on  the  matter  of  the  said  report,  unless  the  report  of  its  Committee 
shall  be  dispensed  with  by  the  House,  unanimously,  without  debate. 

RULE  LXVIII. 
No  resolutions  concerning  Managers  of  Elections,  or  places  of  Election,  or 
Justices  of  the  Peace,  or  Quorum,  or  Commissioners  for  District  purposes,  &c. 
such  as  is  proper  to  be  embraced  in  a  general  report  of  the  Committee  of  Privi- 
leges and  Elections,  or  the  Committee  on  Vacant  Offices,  or  other  Committee, 


20  THE   RULES    OF    THE 

shall  be  received,  until  the  general  report,  into  which  it  might  be  introduced, 
shall  be  under  consideration,  or  shall  have  been  disposed  of. 

RULE  LXIX. 
No  Contingent  Account  of  any  District  Officer,  shall  be  received  by  the 
House,  which  does  not  come  to  the  House  by  the  Comptroller- General. 

RULE  LXX. 
No  Member  shall  take  any  Books  or  Papers  from  the  possession  of  the  House 
or  Clerk,  without  first  acquainting  the  Clerk ;  and,  if  required,   giving  him  a 
receipt  to  return  the  same  in  a  reasonable  time,  or  on  his  demand. 

RULE  LXXI. 
In  forming  a  Committee  of  the  Whole,  the  Speaker  shall  leave  the  Chair,  and 
appoint  a  Chairman  to  preside  over  the  Committee. 

RULE  LXXII. 
The  Rules  of  the  House,  so  far  as  they  may  be  applicable,  shall  be  observed 
in  a  Committee  of  the  Whole,  the  Chairman  being  substituted  for  the  Speaker, 
except  the  rule  limiting  the  times  of  speaking  on  a  debatable  question ;  but  no 
Member  of  the  Committee  shall  speak  on  the  same  question  oftener  than  twice, 
until  every  other  Member  choosing  to  speak,  has  spoken. 

RULE  LXXIII. 
No  Committee  of  the  Whole,  or  other  Committee,  shall  deface  or  interline  a 
bill  or  other  paper  referred  to,  but  shall  report  any  amendments  recommended, 
on  a  separate  paper,  noting  the  page  and  line. 

RULE  LXXIV. 

After  the  second  week  of  the  Session,  no  petition  or  memorial  of  a  private 
nature,  shall  be  received ;  nor  shall  leave  be  granted  to  any  Member  for  the 
introduction  of  a  bill,  after  the  third  week. 

RULE  LXXV. 
The  Speaker  may  name  a  Member  to  fill  his  place,  during  his  occasional 
absence  from  the  Chair — but  such  substitution  shall  not  extend  beyond  an 
adjournment. 

RULE  LXXVI. 
If  the  Speaker  should  be  absent  at  any  meeting  after  an  adjournment,  a 
Speaker  pro  tempore,  shall  be  elected  to  hold  the  office  until  the  Speaker  return, 
his  absence  be  excused,  and  his  desire  to  resume  his  duties  be  expressed. 


HOUSE   OF    REPRESENTATIVES.  21 

RULE  LXXVII. 
The  Speaker,  when  the  Standing  Committees  are  announced,  shall  appoint  a 
Cashier  and  Deputy  Cashier  of  the  House  ;  whose  duty  severally  it  shall  be  to 
countersign  drafts  ordered  by  the  House  and  signed  by  the  Speaker,  and  to 
prepare  the  pay  bill  of  every  member,  when  he  may  obtain  leave  of  absence,  or 
the  House  may  adjourn  sine  die :  present  the  pay  bills  to  the  Speaker  for  his 
signature,  countersign  them,  and  deliver  them  to  the  Members ;  taking  special 
care  that  no  Member  shall  receive  his  pay  bill  before  the  adjournment,  who  has 
the  intention  to  depart  from  the  House  without  leave. 

RULE  LXXVIII. 
No  other  title  or  addition,  except  "  Mr."  shall  be  used  by  the  Speaker  or 
Clerk,  in  calling  the  name  of  any  Member  of  the  House. 

RULE   LXXIX. 

No  person,  not  a  Member  or  Officer  of  the  House,  shall  be  admitted  within 
the  Bar,  without  the  special  leave  of  the  House.  Besides  the  Members  and 
Officers  of  the  House,  the  following  persons,  and  no  others,  shall  be  admitted 
within  the  Hall,  namely,  the  Members  and  officers  of  the  Senate ;  Members  of 
Congress ;  the  Governor  and  Suite ;  Lieutenant  Governor ;  Judges ;  former 
Governors ;  the  Comptroller  General ;  Attorney  General ;  and  Solicitors ; 
President  of  the  Bank ;  Treasurer  of  the  State ;  Surveyor  General ;  Printer  of 
the  House ;  Secretary  of  State ;  and  the  President  and  Professors  of  South 
Carolina  College ;  also,  such  persons  as  may  be  invited  by  the  Speaker,  or  by 
order  of  the  House.  All  persons  in  the  gallery  and  lobby  shall  be  uncovered, 
and  all  persons,  not  Members  of  the  House,  shall  be  uncovered  whilst  in  the 
hall. 

The  Door-keeper  and  Messenger  are  charged  with  the  enforcement  of  this 
Rule. 

RULE  LXXX. 
None  of  the  foregoing  Rules  shall  be  rescinded,  suspended,  or  altered  without 
the  concurrence  of  two-thirds  of  the  Members  present,  after  one  day's  previous 
notice  of  a  motion  to  rescind,  suspend,  or  alter,  has  been  given, 

RULE  LXXXI. 

In  all  particulars  not  determined  by  these  Rules,  or  by  the  Laws  or  Consti- 
tution of  this  State,  or  of  the  United  States,  the  practice  of  the  House  shall 
conform  to  its  previous  usage,  or  be  guided  by  Parliamentary  Law,  as  it  may  be 
collected  from  the  best  authorities. 


INDEX 


TO 


THE  RULES  OF  THE  HOUSE  OF  REPRESENTATIVES. 

The    Figures  refer   to    the    Rules   as   numbered. 

A. 

Rule. 
Absence  of  Speaker        ------  76 

Absentees,  at  meeting  or  other  time  -  -  -  -     1,  14 

"        upon  a  call  of  the  House         -  -  15 

"        when  yeas  and  nays  are  taken        -  -  -  -       26 

Account,  contingent         -  -  .  -  -  -  69 

Act,  when  title  of  Bill  changed  to  -  -  -      49 

"  sent  or  returned  to  Senate  -  49,  60 

"  returned  from  Senate  -  -  -  -  -        50,  60 

Address  to  Chair  -  -  -  -  -  -  11 

Adjourn,  motion  to,  privileged  -  -  -  -  -         36 

"  . "        may  interrupt  speech         -  -  -  -      36 

"  "        not  debateable  -  -  42 

"  "        always  in  order,  except  in  ayes  and  noes,  and  ballot- 

ing, and  except  that  it  is  not  renewable  within  15 
minutes  -  -  -  43 

Adjournment,  interrupting  debate  -  64 

"  after  matter  interrupted  by  the  Orders  of  the  Day,         -         64 

"  of  debate,  prevents  speaking  more  than  twice  -         13,  64 

"  "  results  from  interruption  by  simple  adjournment       64 

"  "  motion  for,  privileged        -  36 

"  "  "        not  debateable  -  -  42 

"  "  "        not  renewable  within  an  hour        -         42 

Admission  of  persons  within  the  bar,  and  within  the  hall        -  79 


24  INDEX   TO    THE   RULES    OP    THE 

Rule. 
Amend,  motion  to,  privileged            -             -             -             -  -           36 
"         "            postponed  by  motion  to  strike  out  enacting  or  re- 
solving words  37 
"         "            not  precluded  by  motion  to  strike  out  41 
Amendment  prevents  withdrawal  of  proposition            -  -             31 
"           not  in  order  at  the  first  reading  of  the  bill  46 
"           at  second  reading,  to  be  disposed  of                      -  48 
"           by  Senate,  how  to  be  treated  at  the  third  reading  -          49 
"                 "          the  attention  of  the  House  to  be  called  to,  by  Speaker,  66 
"           not  permitted  at  the  third  reading,  with  certain  exceptions  51 
"           must  be  pertinent             -             -             -             -  56,  51 
"           ordered  by  the  House,  the  Speaker  is  responsible  that  it  be 

correctly  made             -  66 

"          to  be  reported  by  Committee,  on  a  separate  paper  -         73 

Appeal  from  Speaker             -  9 

Arrest  of  Member             -             -             -             -             -  14,  15,  16 

"     of  other  person              -  8 

Assent  of  Member  speaking,  as  to  motion  for  recess             -  -             35 

Ayes  and  Noes,  how  ordered  and  taken,             -             -             -  25,  26 

"             "       Speaker's  name  called  last  in        -             -  -            28 

"             "      prevent  adjournment            -             -             -  .43 

"             "      prevent  message,             -             -                      -  -     55 

B. 

Ballot,  Committee  appointed  by,  when            -             -             -  -         63 

Balloting,  prevents  adjournment             -  -             43 

"        prevents  message            -             -             -             -  -         65 

Bar  of  House,  who  may  be  admitted  within  the         -  -     79 

Bill,   leave  to  report  by                                                      -  23 

"    leave  to  introduce               -  32 

"    introduced  by  Member            -               -             -             -  60,  74 

"    to  be  endorsed            -                      -             -             -  33 

"     enacting  words  stricken  out             ...             .  37 

"    first  reading  of            -             -                        -            -  46,  60,  58 

"     second  reading  of  -  46,  47,  48,  58 

"    reference  of                         -             -                               47,  54,  51,  50 

"    third  reading  of                                                49,  51,  52,  60,  62,  66 


HOUSE  OF   REPRESENTATIVES.  25 

Bill    title  of,  changed        .... 

"    clause,  impertinent  in 

"    reported  by  Committee        -  -  - 

"    to  be  printed,  when        - 

"    from  Senate  ...-«..■ 

Blank  of  number  or  time        - 
Books  and  papers  taken  from  House        - 

"  "      not  to  be  read  without  leave 

C 
Calendar        ---._. 

CaZZ  of  roll  - 

"  of  the  House  - 

"  to  order        -  - 

"  for  the  orders  of  the  day,  privileged 

u        "  "  not  debatable 

"        "  "  not  renewable  for  an  hour 

"        "  "  debate  interrupted  by 

Cashier        - 
Censure  of  Member  for  disorder        - 

"      of  Committee  or  Members  thereof 
Chair  to  be  taken  by  Speaker  or  Chairman  - 

"     to  be  addressed  - 

Chairman  of  Committee,  to  summon  Members  and  report  delinquency 
"        of  Committee  of  the  Whole, 
"        of  Committee  of  Ways  and  Means 
Clause  by  Clause        - 
Clearing  of  gallery  or  lobby        -  - 

Clerk,  to  call  roll  at  meeting,  ••'■.-■ 

"     to  call  roll,  note  absentees,  upon  a  call  of  the  House, 

"     to  take  ayes  and  noes,  and  have  them  printed 

"     to  prepare  and  furnish  calendar        - 

"     books  and  papers  from  «• 

"     reading  -  -  -  -'  - 

Commissioners  for  District  purposes,        -  «•        r 

"  returns  of 

Commit,  motion  to,  privileged        - 

when  different  Committees  are  named, 


Rule. 

49 

56,  51 

- 

53,  58 

- 

53 

60, 

62,  50 

- 

38 

70 

-  30 

— 

63 

1, 

15,  25 

15 

1,  2, 

4,  5,  6 

- 

36 

42 

- 

42 

-   64 

- 

77 

- 

5,7 

•• 

22 

- 

1 

11 

lency 

22 

71 

,  72,  8 

- 

51 

- 

48 

8 

1 

- 

15 

- 

25,  26 

- 

63 

- 

70 

- 

66 

- 

68 

w 

60 

p 

36 

. 

39 

*• 


26  INDEX  TO  THE  RULES   OF   THE 

Rule. 

Commit,  motion  to,  not  renewable  within  an  hour  -  42 
"  "  may  be  made  as  to  any  matter  before  decision  -  54 
"  "  when  may  first  made  as  to  bill  -  47 
"  "  as  to  bill  not  to  be  dispensed  with  without  unani- 
mous assent  -  47 
"  "  as  to  paper  taken  up  from  table  61 
"        "            necessary  as  to  all  petitions,  memorials,  and  reports 

from  Senate,  without  unanimous  assent         -  67 

Commitment  of  bill        -        -  -        -        -  -  47,  51,  54 

"           of  act  returned  from  Senate            -  50 
"           of  other  paper             -            -            -              -            67,  54 

Committees,  how  appointed        -  17 

"           standing,  number,  names,  &c.            -              -  18 
"           Member  excused  from        -            -                     -            -     19 

"           vacancy  in  20 

"           no  addition  or  change  in,  on  motion        -            -  20 

"           no  Member  to  be  appointed  on,  before  he  is  sworn        -  21 

**           Member  sworn,  to  be  appointed  to  one  or  more              -  21 

"           quorum  of            -            -            -            -  22 

"           delinquency  of,  or  of  Members  of  22 

"           not  to  sit  during  sitting  of  House,  except,  &c.  23 

"           different  named,  order  of  precedence        -  39 

"           bill  to  be  referred  to  some,  and  when        -  47 

"           bills  reported  by,  to  be  printed        -                           -  53 

"           reports  of,  in  general  orders                -  58 

"           bill  reported  by,  to  be  read  when  report  is  received         -  58 
"           report  of,  relating  to  Elections            ...            .58 

"           reports  from,  to  be  called  for  60 
"           all  petitions,  reports  from  Senate,  &c.  to  be  referred  to 

some        -            -            -            ...  67 
*           general  reports  from,  concerning  Managers  of  Elections, 

Justices,  &c. -  68 

"           shall  not  deface  or  interline  bill  or  paper,        ...  73 

Committee,  Special  or  Select         .                   .     -           •  39 

"         of  the  Whole,  how  formed            -            -  71 

"               "              what  rules  for            ...  72 
"                "              Chairman  of,  may  order  the  gallery  to  be 

cleared        -            ...            .  8 


•» 


•> 


HOUSE  OP   REPRESENTATIVES.  27 

Rule. 

Committee  of  the  Whole,  shall  not  deface  or  interline  bill  or  paper  73 
"                "              its  report  may  be  considered  whenever  the 

House  shall  direct  ....  58 
"  of  Privileges  and  Elections,  how  constituted  .  .18 
"                "                "                      its  report  may  be  considered 

whenever   the   House   shall 
direct,         -                .  58 
"                "                      its  general  report  as  to  Ma- 
nagers, &c.             .         .  68 
of  Ways  and  Means,  its  Chairman  may  introduce  amend- 
ments at  third  reading  of  some  bills  51 
"         on  Engrossed  Acts,  may  sit  and  report  at  any  time          .  23 
"               its  report  suspends  question  35 
"               its  report  may  be  considered  whenever 

the  House  shall  direct        .  58 

"                         "               Acts  to  be  committed  to        -            50,  60 

"           of  Conference  may  sit  and  report  at  any  time,  when,  &c.  23 

"                        "        its  report  suspends  question            -        -  35 
"                        "        its  report  may  be  considered  whenever  the 

House  shall  direct            -        -  58 

Communications  on  Speaker's  table            .            -            .                60,  64 

Constitution  of  State  or  United  States            -             -  81 

Contempt  of  House            -..-..  8 

"      by  Member  in  not  voting              ....  26 

Conversations,  short,  admitted  by  Speaker        -            .  42 

Count  upon  division  of  the  House        .            ...             .  24 

Cries  of  order        -        -            .        «                       -        -            -  7 

Custody        -            -            -      v^^^^S^^v          8>  14»  15»  16 


Date  in  blank        .        .        .      ^^*£Vh^^  -  38 

Debate,  order  in        -  »     '       : *■■■    4,  5,  6,  11,  30  36 

"        times  of  speaking  in  -  -        .        -  -        13,  72,  9 

"        on  appeal  from  Speaker  -  •  .  9,  10 

"        suspended  ......  35 

"        interrupted  by  privileged  question        .  ...  36 


%m 


28  INDEX  TO  THE  RULES  OP   THE 


Rule. 


Debate  interrupted  by  adjournment            -            -            -        -  64 

"        by  the  orders  of  the  day        -            ...  64 

not  allowed,  on  questions  of  order,  except,  &c.  9 
"        after  door  closed,  in  ayes  and  noes            -            .26 

"        before  motion  seconded,  stated,  &c.  29 

"        on  leave  to  read  paper,  book,  &c.  30 

"        on  leave  to  introduce  bill,  except  mover  32 

"        on  question  of  receiving            ...  34 

"        on  motion  to  divide  question            -             -  -41 

"              "         to  adjourn              -  42 

"              "         to  take  recess             ...  42 

to  lay  on  the  table            .  42 

"              "         to  take  up  from  the  table  42 
"         to  take  up  matter  in  orders  not  regularly 

reached 42 

"              "         to  proceed  to  the  orders        -        -  42 
"         to  discharge,  lay  aside,  depart  from  or 

suspend  the  orders  42 

"         to  postpone  indefinitely             -             -  42 

"         to  adjourn  the  debate        -             -  42 

short  conversations  may  be  permitted          ...  42 

not  allowed  on  dispensing  with  reference  of  bill           -  47 

"  "  report  as  to  petition,  report  from 

Senate,  &c.          ...  67 

"        on  recurrence  to  clause            ...  48 

"        on  question  of  priority  of  business            -  59 

"        on  time  of  consideration            ...  59 
"        on  question  as  to  a  departure  from  the  regular  order 

of  business           ...  59 

Decision,  when  equal  division  .  ...  .28 

"        prevents  proposition  being  withdrawn  -  -  -      31 

"        of  question  of  order            .            -            •                    .  5,  9 

"        by  division,  or  by  count  of  tellers            -            -             -  34 

"        by  ayes  and  noes,  ...  -  25,  26 

Decorum        -           -           .           .              -               1,  2,  4,  7,  8,  79 

Defacing  bill  or  paper           .....  73 

Delinquency  of  Committee           .....  22 


HOUSE  OP    REPRESENTATIVES. 


Depart  from  orders,  motion  to 

Departure  from  the  regular  order  of  business 

Deputy  Cashier 

Discharge  of  orders  ... 

Discretion  of  Speaker 


Rule. 

42 

59 

77 

42,  57 

9,  42,  60,  64,  65  66 


5,  7,  8,  14,  15,  22,  26,  60,  61 
11,  7,  26,  8 


"        of  House 
Disrespect 

Disturbance  in  gallery  or  lobby 
Division  of  House 

"       of  question 
Door  closed 
Door  Keeper 


Election  of  Speaker  pro  tern.  - 

Elections,  managers  and  places  of        - 

See  Committee  of  Privileges  and  Elections. 
Enacting  words  of  bill 
Endorsement  of  papers  - 

Engrossing  ordered  by  Speaker        - 

See  Committee  of  Engrossed  Acts. 
Exculpation  - 

Explanation        ------ 

Excuses  for  absence 

"      from  Committee  ...... 

"      from  voting  - 


Expenses 


Floor 


G. 

Gallery  - 

Gazette        - 

General  Election  - 

"      Orders,  what  are 
"  "        motion  to  proceed  to,  privileged 


24, 

28 

35, 

41 

15, 

26, 

65 

26, 

79 

76 

- 

68, 

18 

_ 

37 

- 

33 

- 

55 

. 

_ 

7 

5,  6, 

10, 

13 

-  15, 

76, 

35 

- 

19, 

20 

26, 

35, 

28 

1,  14, 

15, 

16 

6, 

12 

• 

15, 

16 

. 

8, 

79 

- 

- 

25 

- 

18, 

68 

- 

57 

. 

36 

30  INDEX   THE   RULES   OP   THE 

Rule. 
General  Orders,  motion  to  proceed  to,  may  interrupt  speech  -  36 

"  not  debatable  -  42 

"  "  "  "  not  renewable  within  an  hour        -     42 

"  "  "      to  take  up  matter  in,  not  regularly  reached, 

not  debatable  42 

"  "  "  "  not  renewable  within  an  hour,  if 

objection  be  made  -  61 

"  "  "       to  discharge,  lay  aside,  suspend,  or  depart 

from  orders,  not  debatable  -  42 

"  "  "      to  take  up  matter  on  the  table,  which  has 

been  in  the  orders,  or  would  regularly 
have  been  there,  when  it  may  be  made, 


with  exceptions            - 

61 

((                    M 

"      to  take  up  matter,  to  put  it  in 

61 

((                    u 

"       House  engaged  in,  motion  to  take  up  matter 
which  has  been  in,  and  been  laid  on  the 

table,  when  called  in  the  course  of 

61 

it               tt 

what  shall  be  put  in,  and  priority  of            - 

58 

It                It 

when  to  be  taken  up                                                    60, 

62 

tt               It 

Calendar  of,  to  be  prepared  by  Clerk 

63 

it                a 

matter  in,  interrupted  by  adjournment 

64 

tt                tt 

matter  interrupted  by  called  for 

64 

Gentleman 

. 

2 

Governor  and  Suite  and  former  Governors  admitted 

79 

Hall 

H. 

79 

Hats 

2, 

79 

Hour  to  which  adjournment            -                                                      1, 

13 

"    must  elapse  before  certain  motions  can  be  renewed            -          42, 

61 

"    quarter  of,  before  motion  for  adjournment  can  be  renewed        -  43 

I. 

Impertinent  clause             -            -            -            -            -  56,  51 

"          speaking        ------  || 

Incidental  question              -            -            -            -            -  35,  64 

Indefinite  postponement  -  -  36,  42,  44 

Information  by  Speaker              .....  10 


HOUSE   OF    REPRESENTATIVES.  31 


Influence  of  Speaker  - 

Interest  in  question        - 

Interlining  ..... 

Interruption  of  debate  by  adjournment 
"  "        by  orders  of  day 

"  "        by  privileged  question 

"        of  speech  .... 

Intervals  ...... 

Invited  persons        ..... 

J. 
Journal  ...... 

Justices  of  Peace  and  Quorum 

L. 
Laws  -  ..... 

Lobby        -         -  -  -  .«* 

Lay  aside  orders,  motion  to,  not  debateable 

effect  of 
Lie  on  table,  motion  privileged 

"       not  debateable        .... 

"        not  renewable  within  an  hour 

"        when  matter  on  table  may  be  called  up 

M. 
Message  suspends  debate  .... 

"      when  to  be  presented  by  Speaker 
"      consideration  of,  may  be  ordered  on  motion 
"      may  be  received,  when 

"      to  be  prepared,  borne,  &c,  by  Reading  Clerk,  except,  &c. 
Memorials,  how  to  be  endorsed 

"  question  of  receiving  ... 

"  when  to  be  presented 

"  must  be  referred  -        - 

not  received  after  second  week 
Motwn  must  be  seconded  and  stated,  before  it  can  be  debated 
"    must  be  reduced  to  writing,  if  desired 
"    may  be  withdrawn,  when 


Rule. 

- 

10 

. 

27, 

28 

. 

73 

. 

64 

. 

64, 

60 

. 

36 

36, 

35 

. 

15 

• 

79 

1,  25, 

26, 

60 

- 

68 

81 

. 

8, 

79 

- 

42 

. 

60, 

64 

. 

36 

. 

42 

. 

42 

- 

60: 

,61 

35 

60 

,65; 

,64 

. 

65 

&c. 

65, 

23 

66 

. 

33 

. 

34 

. 

60 

. 

67 

- 

74 

. 

29 

. 

29 

. 

31, 

35 

32  INDEX  TO  THE  RULES  OF  THE 

Rule. 

Motion,  question  of  receiving            .....  34 

"    no  addition  to  or  change  in  Committee,  on            ...  20 

"    s,  privileged 35,  36,  37,  38,  39 

"    first  made,  first  put,  with  exceptions         -        .                      .  40 
"    s  not  debateable.     See  Debate. 

"    s  to  be  called  for  in  the  order  of  business            -             -  60,  61 

"    s  to  take  up  matters  on  the  table,  to  be  called  for            -  60,  61 

See  Questions :  and  the  privileged  and  ordinary  incidental 

motions,  under  their  several  heads. 

Mover  may  withdraw  proposition             -            -             -            -  31, 35 

"    may  speak  to  question  of  leave  to  introduce  a  bill          .            .  32 

Mr. 78,12 

N. 

Names  called  in  roll        -  -  -  -  .  1, 15, 25, 26 

"        "    by  Speaker            .             -             -            -  7,  12 

"    of  Members  presenting  papers  to  be  endorsed            .            .  '     33 

Notice  for  leave  to  introduce  bill            -            -                         -  32 

"    of  amendments  to  be  offered  at  third  reading  of  bill             -  51 

"     of  motion  to  rescind,  suspend  or  alter  rules          -            -  80 

Number  in  blank  .--...  38 
"  of  Committeees  -  -  -  .  -  18, 21 
"  of  Members  who  may  send  for  absentees  -  ,  1 
"  "  who  may  require  ayes  and  noes  -  -  25 
"  "  who  may  permit  immediate  consideration  of  re- 
port or  resolution  -  -  58 
"  "  who  may  alter  rules,  &c.  -  80 
See  Unanimous. 

O. 
Oath  -  .......        21 

Objects  of  Bill              -             -             ....  56 

Objection  to  reading  book  or  paper        .            .            .  30 
"      to  consideration  of  report  or  resolution  on  the  day  it  is  sub- 

mitted            -            .             -            .  58 

"      to  renew  motion  to  take  up  matter             ...  61 

"      to  take  up  matter  on  table  when  no  question  before  House  61 

"      to  dispensing  with  reference  of  bill                    •              ■  47 


HOUSE  OF  REPRESENTATIVES. 


33 


Rule. 

21 

67 

9 

1,  2,  4,  7,  8,  79 

4,  5,  6,  11,  30,  36 

60 

59,  42 

36,  35,  37,  38,  39,  40 

35 

57 


Objection  to  amendment  at  third  reading  of  bill  .  . 

"      to  dispensing  with  report  on  petition,  report  from  Senate,  &e 
Once,  no  Member  to  speak  more  than 
Order  in  House  .... 

"     in  debate         .... 

"     of  business  for  every  day,  except,  &c 

"  "         questions  as  to  departure  from 

"     of  precedence  of  motions 

"     questions  of,  suspends  debate 
Orders  of  the  Day,  general  and  special,  how  distinguished 
See  General  Orders  and  Special  Orders 

P. 
Parliamentary  Law  .... 

Pay  Bills  -  -  - 

Personalities  ..... 

Petition  to  be  endorsed 
"        question  of  receiving 
"        when  to  be  presented 
"        must  be  referred 
"        not  received  after  second  week 
Postponement,  indefinite,  and  to  a  day  certain    - 
Postpone,  motion  to,  privileged 
"  "  not  debatable 

"  "  not  to  be  renewed  within  an  hour 

"  **  carried  indefinite  equal  to  rejection 

See  adjournment  of  Debate. 
Practice  of  House  . 

Precedence  of  motions  - 

"        amongst  Committees 
Presentation  of  papers  by  Members 
Presentments  of  Grand  Juries 
Printing  ..... 

Priority  of  matters  .... 

Private  ..... 

Privilege,  questions  of 
Privileges  and  Elections.     See  Committee  of  Privileges  and  Elections. 
Privileged  motions        ...  35, 36,  37,  38,  39,  40,  42, 48 


. 

4,81 

- 

77 

•  - 

11 

. 

33 

. 

34 

. 

60 

. 

67 

. 

74 

36; 

,  42,  44 

. 

36 

. 

42 

. 

42 

- 

44 

. 

4,81 

35,  36,  37,  38, 

39,40 

. 

39 

. 

33 

33,  60,  67,  34 

53,61, 

63,66 

58, 

59,60 

. 

27,74 

35,  58,  64 

84  INDEX   TO   THE    RULES   OF    THE 

Rule. 
Privileged  persons  admitted  to  Hall  .  .  .  -79 

Proceedings  at  discretion  of  House        -  •     5,  7,  8,  14, 15,  22,  26,  60 

Proclamation  -  -  .  -  .  15 

Q. 

Question  first  made,  first  put,  with  exceptions  40 

"        putting,  prevents  Message  -  ...  65 

"         by  ayes  and  noes,  prevents  adjournment  43 

«        how  taken  ...  25,  26 

"        how  decided,  when  equal  division  .  .  -  28 

"         withdrawn  by  mover  ....  31,  35 

"        suspended  .  .  -  -  -  -     35,  64 

"        interrupted  .  .  .  -  -  64,  36 

incidental  .  .  -  .  .  -     35, 64 

divided  -  .  .  .  .  35, 41 

"        to  be  stated  by  Speaker  -  .29 

"        to  be  adhered  to  in  speaking  •  -  -  11 

"        to  be  spoken  to  by  some  Member,  how  often  .  13,  72,  9 

"        an  appeal  from  Speaker  .  .  .  9,  10 

order        .  -  .  .  .        5, 6,  9,  10,  35,  64 

"        of  privilege  -  -  35,  58, 64 

"        relating  to  Elections  .  •  •  58 

"        who  first  up  .  ....  12 

"        of  receiving  -  -  -  -  34 

"        of  leave  to  read  book,  paper,  &c  30,  35 

"        of  taking  recess  -  .  .  35,  42 

■J         of  withdrawing  motion  ....  35 

of  leave  to  introduce  bill  ....  32 

"  of  expenses  or  further  proceedings  against  absentees  -  14, 15 
"        of  excuses  for  absence  .  .  -  15,  76,  35 

«        from  voting        -  -  26, 28,  35 

«        from  Committee  ...  19, 20 

•        of  increasing  or  changing  Committee  20 

"        of  filling  blank  of  number  or  date  -  •  -  38 

M        of  re -consideration  .  -  -  .  .45 

w        between  different  Committees  .  39 

"        dividing  questions  -  •  •  -  41, 35 

«        of  striking  out  .  .  .  -  .37, 41 


HOUSE   OF    REPRESENTATIVES.  35 


Rule. 

Question  of  adjournment                                                            36,  42,  43,  64 

M 

of  adjourning  debate           ...               13,  36,  42,  64 

" 

of  laying  on  table           -                                                      36, 42, 61 

" 

of  taking  up             -             -             -             -            -42, 58, 61 

« 

of  indefinite  postponement            -             .             .36,  42,  44 

U 

commitment  or  re-commitment          -         36,  39,  42,  47,  51,  54,  67 

« 

amendment             ...                36,  37,  41,  46,  51,  56 

« 

of  proceeding  to  the  Orders  of  the  Day             -            -          36,  42 

ti 

of  discharging,  laying  aside,  departing  from,  or  suspending 

the  Orders  of  the  Day            -             -             .                      42 

it 

of  dispensing  with  reference                  -            -                       47, 64 

« 

of  recurring         ......          48 

M 

of  priority  of  business             .                 ...            59 

it 

of  departing  from  the  order  of  business             .                             59 

it 

of  time  of  consideration         .                      .             .             .59 

M 

of  considering  Message            -             -             -                            65 

(( 

on  first  reading  of  bill         ....                    46 

<< 

on  second         "                      ..„.._       48 

<( 

on  third  reading  of  bill        -                                                           49 

Quorum 

of  House,  to  summon  absentees     -                                                    1 

<< 

of  Committee           .....                 22 

R. 
Reading  of  Bill,  first        ....              -              -      46 

M 

■    second        -             -            -             -            46, 47,  48,  66 

M 

"    third        -            -                               49,  51, 52,  60, 62, 66 

« 

book  or  paper            -                                 -                          30,  35 

M 

Clerk 66 

Receipt 

70 

Receiving,  questions  of            -             -             -             -             -    34,  68, 69 

Recess 

35,42 

Re-commit,  motions  to,  privileged            ...             -             36 

« 

"        when  different  Committees  are  named        -                   39 

« 

"        not  to  be  renewed  within  an  hour             -             -         42 

<< 

"        motion  may  be  made  at  third  reading  of  bill  and 

proceedings  in  that  case         -             -             -       51 

<< 

"        may  be  made  as  to  any  matter,  before  final  decision      54 

M 

"        paper  taken  from  table   ►                     -            -          61 

36  INDEX   TO   THE    RULES    OF   THE 

Rule. 

Reconsideration         -  -  -  -  --45 

Recording  Vote,  -----  -  26 

Recurrences  -  -  -----43 

Reference.     See  Commit  and  Re-  Commit. 

Rejection 37,44,45,48,49 

Releasement  _----  -       lo 

Report  by  bill -        23, 53,  58 

"    of  Committee  of  Privileges  and  Elections  -  -         58,  68 

»  »  of  Vacant  Offices  -  -  -         -       68 

of  Engrossed  Acts  -  -         -        23,35,58 

«  «  of  Conference  -  -  -  23,  35,  58 

of  Whole  ---  -  58 

"    general  of  any  Committee  -  ■  -  -  -  68 

"    from  Senate  -  -  -  -  -  60,  67 

"    of  House  returned  by  Senate  -  •  -  .60 

"     of  amendments,  how  made  ....  73 

"     at  third  reading  of  bill  -  -  -  51 

"    to  be  placed  in  general  orders,  unless,  &c,     -  -  58 

"     when  considered         .....  58 

"     when  to  be  printed         ....  53 

"     may  be  recommitted  ....  54 

"    to  be  called  for,  and  when  presented        -  -  .  60 

"    must  be  had  on  every  bill,  unless,  &c.  -  47 

"    must  be  had  on  every  petition,  report  from  Senate,  &c.  -        67 

"    its  title  at  length  must  be  endorsed  -  -  33 

Rescision  of  rule         ....  .  80 

Resolution,  when  to  be  presented      ....  60 

"        to  be  placed  in  general  orders,  unless,  &c.  •     .  .58 

"        when  to  be  considered  .  .  58 

"        resolving  words,  strike  out  ...  37 

"        when  to  be  engrossed         ....  55 

"        may  be  committed  or  re-committed  -  -  54 

"        concerning  Managers,  Justices,  &c.         •  -  -  .         68 

Rider         •.  -  -  -  •  -  -  51 

Rising        -  -  -  -  -  -        11,  12,  24, 25, 58 

Roll  called        .  -  -  -  -        *  -  1,15,25,26 

Rules  of  House .         4,  80,  81 


HOUSE   OF   REPRESENTATIVES.  37 

Rule. 

S. 

Sabbath        •  -  -  -  -  -  -  3 

Seat        .  -  -  -  -  -  1,  5,  11,  21 

Seconding        -  -  •  -  -  -  29,  32 

Select  Committee  -  ....  39 

Senate,  disrespect  to  --  -  -  •  -11 

"      bill  from         .  -  -  .  -  60,  62 

"      report  from         -  .  -  -  -  60, 67 

"      act  from         .....  50, 60 

"      amendment  from  .....  49}  QQ 

"      message  from         -  -  -  .35, 60, 64, 65 

to  .  .  .66 

Seven  Members  may  request  ayes  and  noes,  25 

Speaker  to  take  Chair,  and  call  House  to  order      ...  1 

"       to  preserve  order  and  decorum  ....  4 

"       to  call  Members  to  order  ....  4 

"       to  call  name  of  Member  persisting  in  disorder  .  .7 

"       to  order  gallery  or  lobby  to  be  cleared  in  case  of  disturbance  8 

"       to  decide  questions  of  order       -  .  .  -         9 

"       to  give  information  or  explanation  -  .  10 

"       to  speak  on  questions  of  order  -  ...         10 

"      not  to  debate  or  influence  ...  10 

"       to  be  addressed        .....  \\ 

"       to  name  Member  rising,  and  decide  who  was  first  up  -         12 

"       to  appoint  Committees  ....  17 

"      to  place  on  Committee  Members  sworn  after  announcement  of 

Committees       -  -  -  .  21 

"      to  direct  division  of  House,  if  he  doubts,  upon  acclamation     .  24 

"      to  name  titles  ......         24 

"      to  vote,  his  name  called  last  in  ayes  and  noes         -  -  28 

"       to  state  questions  .  -  .29 

"       to  put  questions  of  receiving     ....  34 

"       to  allow  at  discretion,  short  conversations  on   questions  not 

debatable  .  -  42 

"       to  call  attention  to  amendments  of  Senate,  and  take  vote  on 

them,  .  .  -  -  -      49,  66 

"      to  order  engrossing,  if  he  think  necessary  -  .         .        55 


38  INDEX  TO  THE  RULES  OF  THE 

Rule. 
Speaker  to  inforce  prescribed  order  of  business,  unless  House  other- 
wise direct            .  60 
"       to  present  communications  on  the  table,  and  when         -  -         60 
"       to  call  for  petitions,  memorials,  &c.             -                -  60 
"           "         reports     .....  60 
"           "         resolutions  and  bills,  and  motions  by  Members        -  60 
"           "         motions  to  take  up  matter  on  table       -  .60 
"       to  present  messages  and  papers  from  Senate,  and  when  60,  65 
"       to  sign  messages  and  direct  the  mode  of  sending  them         -  65 
"       to  appoint  Chairman  of  Committee  of  Whole             -  71 
"       may  name  a  Member  to  fill  his  place  during  occasional  absence         75 
"      in  his  absence,  after  adjournment,  Speaker  pro  tern,  to  be  elected      76 
"       to  appoint  Cashier  and  Deputy  Cashier         ...  77 
"       to  sign  pay  bills         -             -             -             -  77 
"       to  use  towards  Members  no  title  but  "Mr."          -            -  18,  12 
"       may  invite  persons  within  the  Hall             -               -  -79 
"      his  decision  in  various  instances                             9,  42,  60,  64,  65,  66 
Special  Order,  what  it  is,  and  may  be  insisted  on,  unless,  &c.             -  57 
"         "       may  be  made  by  House  on  any  subject,  unless,  &c.  58,  60 
"         "       motion  to  proceed  to,  may  even  interrupt  speech  -         36 
"         "       to  discharge,  lay  aside,  suspend,  or  depart  from,  not 

debatable      .....  42 

"         "       to  take  up  matter  to  put  it  in                     -             -  61 

"         "      matter  in,  interrupted  by  adjournment            -  .64 

"         "             "         interrupted  by  call  for              -             -  64 

Special  Committee            .             -            -              ...  39 

Speech  suspended,  when         .....  35,  36 

Standing  Committees            .              •             •              «  18,  39 

Statement  of  Question        -                           ...  26,  29 

Strike  out,  motion  to                                                                   •  37,  41 

Strike  out  enacting  words  or  resolving  words              •             •  37 

"        and  insert  motion  to  41 

Substitution  of  Speaker        -                      .    -          -             -  .75 

Suspension  of  Question    ...                  .  35 

Speech         .            .            .            .                -  35,36 

of  Orders  of  Day        -            .            .            .  42, 60 

ofEule 80 

Sworn,  Members  to  be,  before  appointment  on  Committee        .  -    21 


HOUSE  OF    REPRESENTATIVES 


Rule, 


T. 

Table,  papers,  motions,  &c.  to  be  delivered  at 

39,  33 

"      motion  to  lay  on 

36,  42,  61 

"           "      to  take  up 

42, 59,  60,  61 

"      papers  on  Speaker's            .... 

60,  65 

Take  up,  motion  to                             ... 

42,  59,  60,  61 

Tellers            ..... 

24 

Ten  Members  objecting  to  consideration  of  report  or  resolution 

58 

Time  of  consideration             .... 

58,  59 

"     for  presenting  different  papers              ... 

60 

"     in  blank             ..... 

38 

"     before  certain  motions  can  be  received 

42,  43 

"    of  notices.     See  Notice. 

"    for  Orders  of  Day,  and  third  reading 

62 

"    after  which  no  petitions,  &c. 

74 

"     after  which  no  bill  by  a  Member 

74 

Title  of  Members          ...               . 

12,78 

"    of  bill,  report,  &c,  to  be  endorsed 

33 

Travelling  expenses         ..... 

16 

Twenty  Members  may  summon  absentees 

1 

Twice  Speaking        ..... 

9,  13,  72 

Two. thirds  of  Members  present  must  concur  to  alter,  &c.  Rule 

80 

U. 
Uncovered           ...... 

2,79 

Unanimous        - 

47,  51,  61,  67 

Usage  of  House             ..... 

v. 

81 

Vacancy  in  Committee        ..... 

20 

Vacant  Offices          ...... 

68 

Vote  in  ayes  and  noes          ..... 

26 

"    of  Speaker 

28 

"    when  interest            ..... 

27,  28 

"    on  amendment  from  Senate             ... 

49 

"    may  be  excused           -            .            .            - 

16,  28,  35 

40  INDEX    TO    THE    RULES    OF    THE   HOUSE    OF    REPRESENTATIVES. 

Rule. 
W. 

Ways  and  Means,  privilege  of  its  Chairman  as  to  amendments  at  third 

reading            .             .            .  51 

Weeks  of  Session  .  -  -  -  62,  74 

WUJidraw,  Member  named  for  disorder  must  7 

"          mover  of  question  may,  before  amendment  or  decision         -  31 

"         motion  to,  suspends  question             -                      -  35 

Writing,  exceptionable  words  to  be  taken  down  in                                -  60 

"       motion  to  be  reduced  to                                         -  29 

Words  spoken,  objected  to            -             -             -                           -  6 

*     enacting  or  resolving,  stricken  out            -            -  37 


VARIOUS   ACTS   AND   RESOLUTIONS, 

WITH 

Extracts  from  others,  or  references  to  them, 


CONTAINING 


STANDING  ORDERS  OF  THE  HOUSE, 

OK  RELATING  TO  ITS  BUSINESS. 


% 


# 


[UNIVERSITY] 

VARIOUS  ACTS  AND  RESOLUTIONS,  &c. 


CHARTERS, 

JOINT  RESOLUTION— 1836.  p.  147.  No   t< 


Resolved,  That  the  Legislature  will  not  in  future  grant  any  new  Charter  or  Notice before appli. 
Act  of  Incorporation,  or  any  extension  of  a  Charter  in  an  Act  of  Incorporation 
previously  granted,  unless  the  applicant  or  applicants  for  the  same,  shall  have 
first  given  three  months  public  notice,  in  one  or  more  of  the  newspapers  of  this 
State,  in  such  Districts  or  Parishes  where  newspapers  are  published;  and  where 
no  newspapers  are  published,  at  one  or  more  public  places,  of  his  or  their  inten- 
tion to  make  such  application,  and  shall  submit,  with  the  same,  such  satisfactory 
evidence  that  such  notice  had  been  given. 

Suspended  for  Session  of  1837 . — 1837,  p.  53, 


RESOLUTIONS  ON  CONSTITUTIONAL 
QUESTIONS. 

JOINT  RESOLUTION— 1827.  p.  44.  No.  2. 


The  Joint  Committee  to  whom  was  referred  the  Resolutions  of  the  Senate  and  , 

Second  session  ot 

House  of  Representatives,  directing  an  inquiry  into  the  proper  order  of  business  ture'TconUnuMic. 

,  ji  .*»«.-  ±i  of  the  first. 

to  be  pursued  at  the  present  session  of  the  Legislature,  having  taken  the  subject 
committed  to  them  into  consideration,  beg  leave  respectfully  to  Report; 


#• 


46  ACTS    AND    RESOLUTIONS. 

That  finding  no  prohibition  in  the  Constitution,  to  the  continuance  of  the 
business  of  one  session  in  the  succeeding  one — and  that  the  Legislature  of  this 
State,  which  convened  in  November,  1803,  under  a  joint  resolution  of  the  joint 
Houses,  prior  to  the  4th  Monday  in  that  year,  took  up  the  unfinished  business  of 
the  preceding  session,  and  continued  the  same  to  completion,  although  the  same 
did  not  take  eiFect  till  after  the  4th  Monday.  Your  Committee  have  agreed  to 
recommend  the  adoption  of  the  following  Resolution : 

That  the  present  meeting  of  the  Legislature,  under  the  joint  resolution  of 

both  branches  thereof,  on  the day  of  December,  1826,  is  a  continuance  of 

the  session  which  commenced  on  the  4th  Monday  of  November,  in  that  year,  and 
that  all  business  before  the  Legislature  then,  is  now  regularly  before  them,  in  the 
order  in  which  they  stood  at  the  time  of  the  adjournment,  and  may  be  acted  on. 


No.  3.  JOINT  RESOLUTION— 1827.  p.  58. 


The  Joint  Committee  to  whom  was  referred  the  Resolutions  directing  an  in- 
quiry and  report  on  the  proper  order  of  business  to  be  pursued  at  the  present 
session  of  the  Legislature,  have  had  the  same  under  consideration,  and  beg  leave 
to  report : 

That  they  do  not  find  any  thing  in  the  Constitution  which  prohibits  the  con. 
tinuance  of  the  business  of  one  session,  into  the  succeeding  one  of  the  same 
Legislature. 

The  caption  of  all  acts,  soon  after  the  adoption  of  the  present  Constitution, 
second  session  of    recognizes  the  second  session  of  the  same  Legislature  as  a  continuance  of  the 

the  same  Legisla-  ° 

onheVTtinuance  first-     Tllis  is  in  conformity  with  what  is  said  to  be  Parliamentary  usage  in 

Great  Britain.     An  adjournment  is  there  regarded  a  continuance,  and  not  a 

Business  unfinished  dissolution  of  the  body.     It  is  not  thought  that  the  Constitution,  in  making  it 

at  an  extra  session,  *  °  D 

afteyrbtheCOfourSed  the  duty  of  tne  Legislature  to  meet  on  the  4th  Monday  of  November  in  each 
year,  intended  to  limit  their  legislative  capacity,  so  far  as  to  make  the  second 
session  a  discontinuance  of  the  first.  Such  has  not  been  the  construction  by 
previous  legislation.  In  1803,  the  Legislature  adjourned  over  to  an  earlier  day 
than  the  fourth  Monday  in  November,  and  regarded  the  Acts  of  that  session,  as 
one  entire  session,  although  it  ended  after  the  4th  Monday.  That  all  the  busi- 
ness of  second  session  of  each  Legislature,  is  not  acted  on  as  unfinished  business, 
and  taken  up  in  statu  quo,  as  a  matter  of  usage  or  expediency,  and  not  of  con- 
stitutional necessity. 


*** 


ACTS    AND    KESOLUTIONS.  47 

1 

If  the  meeting  on  the  4th  Monday  in  November  is  regarded  as  a  discontinu- 
ance of  all  the  previous  acts  and  doings  of  the  previous  session  of  the  same  Le- 
gislature, we  would  be  at  a  loss  to  reconcile  the  practice  of  electing  our  officers 
for  two  years.  With  such  a  construction,  we  can  see  no  good  reason  to  distin- 
guish between  the  recognition  at  the  second  session,  of  the  election  of  President 
and  other  officers,  and  the  recognition  of  other  acts  and  proceedings  which  are 
progressive  and  unfinished.  The  Committee  therefore  recommend  the  adoption 
of  the  following  Resolution : 

That  the  present  meeting  of  the  Legislature,  under  the  joint  resolution  of 
both  branches  thereof,  passed  on  the  20th  day  of  December,  1826,  is  a  continu- 
ance of  the  session  which  commenced  on  the  4th  Monday  in  November  last,  and 
that  all  business  before  the  Legislature  then,  is  now  regularly  before  them,  in 
the  order  in  which  it  stood  at  the  time  of  adjournment,  and  may  be  acted  on. 


RESOLUTION  OF  SENATE— 1828.  p.  26.  No<  4 


In  the  Senate,  December  15,  1828. 
The  Committee  of  the  Judiciary,  to  whom  was  referred  the  resolution  of  the 
Senate,  to  inquire  and  report  to  the  Senate,  whether,  in  their  opinion,  the  office 
of  Reading  Clerk  in  the  Senate,  is  such  an  office  as  was  contemplated  by  the 
12th  section  of  the  1st  article  of  the  Constitution  of  the  State,  which  section 
requires  that  the  officers  of  each  House  of  the  Legislative  Assembly  shall  be  585*1 9?S  *° , 

*  °  *  officer  to  be  elected 

elected  by  ballot,  have  had  the  same  under  consideration,  and  respectfully  report :  by  baUot" 

That  your  Committee  have  given  their  attention  to  the  words  and  spirit  of  the 
section  in  question,  and  find  it  difficult  to  resolve  the  doubt  which  has  been 
entertained  in  the  resolution  committed  to  them.  It  does  appear  that  the  Con- 
stitution intended  such  officers  as  were  necessary  to  the  correct  organization  of  a 
deliberative  Assembly.  Such,  undoubtedly,  is  the  Presiding  Officer  and  the 
Recording  Clerk.  But  the  long  continued  practice  of  the  Senate,  to  elect  its 
Door  Keeper  and  Messenger  by  ballot,  and  the  Senate  having,  by  their  vote, 
determined  the  Reading  Clerk  a  necessary  officer,  and  appropriated  a  salary  for 
his  services,  incline  to  the  opinion  that  he  is  an  officer  within  the  meaning  of  the 
Constitution.  They  therefore  recommend  that  the  Reading  Clerk,  hereafter 
appointed,  be  elected  by  ballot. 

Resolved,  That  the  Senate  do  agree  to  the  report. 


48  ACTS    AND    RESOLUTIONS. 

% 

No.  5.  RESOLUTION  OF  SENATE— 1828.  p.  27. 


In  the  Senate,  December  8,  1828. 
The  Committee,  on  Privileges  and  Elections,  who  were  instructed  to  inquire 
Pr®cfdent^ndtovicef  whether  the  high  office  of  Elector  of  President  and  Vice  President  is  such  an 
vmUseat.  "^  not  office  as  vacates  the  seat  of  a  Member  of  the  Senate,  if  he  be  elected  to,  and 
exercises  the  duties  thereof.     Report : 

That  they  have  taken  the  subject  into  consideration,  and  have  come  to  the 
conclusion  to  recommend  the  adoption  of  the  following  Resolution : 

Resolved,  That  the  office  of  Elector  of  President  and  Vice  President  of  the 
United  States,  is  not  such  an  office  as  vacates  the  seat  of  a  Member  of  the 
Senate. 

Resolved,  That  the  Senate  do  concur.        t 


No.  6.  RESOLUTION  OF  THE  SENATE— 1827.  p. 


In  the  Senate,  December  12,  1827. 

sarvon'r2d  reading      Resolved,  That  a  Bill  to  alter  the  Constitution,  on  the  second  reading,  not 

of  Bill  to  alter  .'•'*,  . 

constitution.        having  a  majority  of  two- thirds  of  the  whole  Senate,  is  lost,  and  ought  not  to  be 
sent  to  the  House  of  Representatives. 

About  the  same  time,  on  a  Bill  to  alter  the  Constitution  in  relation  to  the 
tenure  of  office  by  a  Judge,  a  contrary  decision  was  made  by  the  House  of  Re. 
preservatives,  but  not  reduced  to  a  formal  resolution,  which  has  been  preserved. 

In  1831,  the  House  of  Representatives,  on  a  Bill  to  divide  Pendleton  into 
two  Election  Districts,  decided  that  a  less  number  than  two-thirds  of  the  whole 
representation  agreeing  to  the  Bill,  at  its  second  reading,  could  not  send  it  to 
the  Senate ;  but  remarks  were  made  concerning  the  difference  in  phraseology, 
which  exists  between  the  article  of  the  original  Constitution,  concerning  Amend, 
ments,  and  the  section  of  the  Amendments  of  1808,  concerning  any  alteration 
to  be  proposed  of  them. 

A  diversity  of  practice  exists  between  the  two  Houses,  as  to  the  question 
whether  a  Member  can,  after  having  been  sworn,  resign  his  seat ;  but  although 
repeated  decisions  have  been  made  in  the  Senate,  that  a  Member  can  resign,  and 
in  the  House,  that  he  cannot,  no  record  of  any  of  those  decisions  is  accessible. 

See  No.  8. 


>CTS    AND    RESOLUTIONS.  49 

ELECTIONS. 


An  Act  to  regulate  the  place  or  places  por  holding  General  Elec       No.  7. 
tions  for  Members  op  the  Legislature,  in  the  Election  Districts  " 

in  this  State,    and    por    repealing  all    acts    relative   thereto — 
1809.  p.  60. 

Be  it  enacted,  #c,  That  from  and  immediately  after  the  passing  of  this  Act,  piaces  of  eiecUon 
the  place  or  places  of  holding  the  G  eneral  Elections  in  each  Election  District,  {jft^by  joiBt  reso' 
for  a  Member  or  Members  to  serve  in  either  branch  of  the  Legislature,  shall  be 
fixed  by  a  joint  resolution  of  the  Senate  and  House  of  Representatives ;  any  law, 
usage,  or  custom,  to  the  contrary  hereof,  in  any  wise  notwithstanding. 


ACT— 1818.  p.  40. 

That  in  case  of  the  death,  removal  from  the  District,  or  refusal  to  serve,  of 
any  Manager  or  Managers  of  Election  to  be  made  by  the  people,  it  shall  be  the 
duty  of  the  Delegation  in  both  branches  of  the  Legislature,  or  a  majority  of  vacancy  in  Mana- 
them,  to  appoint  fit  and  proper  persons  to  fill  up  such  vacancy;  which  appoint- 
ment, under  the  hands  of  the  said  Delegation,  as  aforesaid,  shall  be  a  sufficient 
authority  to  hold  such  election :  Provided,  nevertheless,  that  nothing  herein 
contained  shall  exempt  any  Manager  from  such  fine  as  is  now  imposed  by  law, 
for  not  serving  as  Manager. 

See  au  Act  to  ascertain  the  manner  and  form  of  electing  Members  to  represent 
the  inhabitants  of  this  Province  in  the  Commons  House  of  Assembly,  and  to 
appoint  who  shall  be  deemed  and  adjudged  capable  of  choosing,  or  being  chosen, 
Members  of  the  said  House.     P.  L.  p.  113.    3  Statutes  at  Large,  p.  135. 

An  Act  to  amend  the  Acts  regulating  elections  of  Members  of  the  Legislature, 
and  others,  and  for  other  purposes  therein  mentioned.    1831.  Ch.  16:  p.  37. 

By  the  Constitution  of  1778,  clause  13,  it  is  provided,  that  "where  there  are 
no  Churches  or  Church  Wardens  in  a  District  or  Parish,  the  House  of  Repre- 
sentatives, at  some  convenient  time  before  their  expiration,  shall  appoint  places 
of  Election,  and  persons  to  receive  votes,  and  make  returns."  1  Stat,  at 
Large,  p.  140. 
7 


50  ACTS    AND    RESOLUTIONS. 

No.  8.  JOINT  RESOLUTION— 1831.  p.  55, 


Residence  of  Voter. 


Resolved,  That  the  two  years  residence  required  by  the  Constitution,  in  a 
Voter,  are  the  two  years  immediately  previous  to  the  Election ;  and  the  six 
months  residence  in  the  Election  District,  are  the  six  months  immediately 
previous  to  the  Election ;  but  if  any  person  has  his  home  in  the  State,  he  dees 
not  lose  the  right  of  residence  by  temporary  absence,  with  the  intention  of 
returning ;  and  if  he  has  his  home  in  the  Election  District,  his  right  to  vote  is 
not  impaired  by  a  temporary  absence,  with  the  intention  of  returning.  But  if 
one  has  his  home  and  family  in  another  State,  the  presence  of  such  a  person, 
although  continued  for  two  years  in  the  State,  gives  no  right  to  vote. 


Oath  of  Managers. 


JOINT  RESOLUTION— 1833.  p.  53. 

Resolved,  That  the  Managers  of  Election,  prior  to  their  proceeding  to  the 
Elections,  do  take  the  following  oath  or  affirmation,  before  some  Magistrate,  or 
one  of  the  Managers  of  Election,  to  wit :  "  That  they  will  faithfully  and  impar- 
tially carry  into  execution,  the  foregoing  Elections,  agreeably  to  the  Constitution 
of  the  State  of  South  Carolina." 

Resolved,  That  in  future,  no  person  quabfied  to  vote  for  Members  of  each 

District.0  y  one  Branch  of  the  Legislature,  shall  be  permitted  to  vote  in  more  than  one  Election 
District  or  Parish  ;  and  the  Managers  of  Elections  throughout  this  State,  are 
hereby  required  and  directed,  if  they  think  proper,  or  on  the  application  of  any 

oath  of  voter  Elector  present,  to  administer  to  any  person  or  persons  offering  to  vote,  the 
following  oath :  "  I,  A.  B.,  do  solemnly  swear  or  affirm,  [as  the  case  may  be,] 
that  I  have  not,  at  this  General  Election  for  Members  of  the  Legislature,  voted 
in  this  or  any  other  District  or  Parish,  and  that  I  am  Constitutionally  qualified 
to  vote :  So  help  me  God."  And  if  any  person  or  persons  required,  as  afore- 
said, to  take  said  oath  or  affirmation,  shall  refuse  to  do  so,  then  the  Managers 
respectively,  in  their  respective  Election  Districts  and  Parishes,  shall  be,  and 
they  are  hereby  required  and  enjoined,  to  refuse  such  vote  or  votes ;  and  in 
case  the  Managers  shall  refuse  to  require  the  oath  as  aforesaid,  when  demanded, 
they  shall  be  liable  to  all  the  pains  and  penalties,  they  would  be  liable  and 
subject  to,  for  neglecting  any  other  duties  required  of  them,  as  Managers  of 
Elections  for  either  Branch  of  the  Legislature. 


ACT3    AND    RESOLUTIONS.  51 

Resolved,  That  the  two  years  residence  required  by  the  Constitution  in  a  Residence  of  voter. 
Voter,  are  the  two  years  immediately  previous  to  the  Election ;  and  the  six 
months  residence  in  the  Election  District,  are  the  six  months  immediately 
previous  to  the  Election ;  but  if  any  person  has  his  home  in  the  State,  he  does 
not  lose  the  right  of  residence  by  temporary  absence,  with  the  intention  of 
returning  ;  and  if  he  has  his  home  in  the  Election  District,  his  right  to  vote  is 
not  impaired  by  a  temporary  absence,  with  the  intention  of  returning ;  but  if 
one  has  his  home  and  his  family  in  another  State,  the  presence  of  such  person 
although  continued  for  two  years  in  the  State,  gives  no  right  to  vote: 


An  Act  for  procuring  the  more  punctual  and  regular  attendance       j$0^  9# 

op  Persons  elected  Members  op  the  Senate  and  House  of  Repre- 

entatives.     Passed  1787.     Grimke's  Pub.  Laws,  p.  415. 

Whereas,  the  business  and  sitting  of  the  Legislature,  is  very  much  retarded 
and  prolonged  by  the  dilatory  and  irregular  attendance  of  persons  elected  and 
returned  Members  of  the  Senate  and  House  of  Representatives,  to  the  great 
expense  and  other  detriment  of  the  public,  to  remedy  and  prevent  which,  as 
much  as  possible, 

1.  Be  it  titer ef ore  enated,  That  if  the  Church  Wardens,  or  other  Managers  Managers  neglecting 

J  °  return, subject  to 

and  Conductors  of  the  Election  of  any  District  or  Parish,  shall  neglect  to  make  £20' 
a  return  at  the  time  and  place  the  Legislature  is  to  meet,  according  to  the 
exigence  of  the  Writ  to  them  directed,  then,  and  in  such  case,  the  Church 
Wardens  or  Managers,  so  neglecting,  shall  pay  the  sum  of  .£20,  to  be  sued  for 
and  recovered  by  the  Attorney  General,  and  be  paid  into  the  Treasury  for  the 
use  of  the  State. 

2.  Every  person  who  shall  or  may  be  elected  and  returned,  and  doth  qualify  ap'p^imdermdn0 
to  serve  in  the  Senate  or  House  of  Representatives,  shall  and  must,  and  is  °  *°3' a  day" 
hereby  ordered  and  directed,  personally  to  be  and  appear  at  the  time  and  place 

duly  prescribed  and  appointed,  for  the  meeting  of  the  Legislature,  on  pain  of 
incurring  the  penalty  of  20s.  for  every  day  he  shall  make  default ;  and  on  his 
appearance,  the  Cashier  of  the  House  to  which  he  belongs,  shall,  and  is  hereby 
ordered,  on  pain  of  being  proceeded  against,  as  for  a  contempt  of  the  House  Absence  to  be  re- 

.  ported  by  Cashier, 

and  breach  of  Privilege,  to  report  to  the  President  of  the  Senate,  or  Speaker  ^cdrP™eedin63 
of  the  House  of  Representatives,  as  the  case  may  be,  the  number  of  days  such 


52 


ACTS   AND    RESOLUTIONS. 


person  shall  have  made  default ;  and  the  President  or  Speaker  shall,  thereupon 
require  him  to  show  cause  or  excuse,  why  he  should  not  pay  such  penalty,  and 
shall  leave  to  the  judgment  and  determination  of  the  House  to  which  he  shall 
belong,  whether  such  penalty  shall  be  exacted ;  aud  in  case  it  be  the  judgment 
and  determination  of  the  House,  that  the  same  shall  be  exacted,  then  the 
Cashier  shall  demand  the  payment  thereof;  and  in  case  of  refusal  or  non-com- 
pliance, within  seven  days,  the  said  person  shall  be  taken  into  custody,  and 
proceeded  against,  by  order  of  the  House  to  which  he  shall  belong,  as  for  a 
Persons  deciinimrt  contempt  and  breach  of  privilege.  Provided,  That  any  person  who  shall  be 
the^aL^y  fetter  duly  elected  and  returned  a  Member  of  either  House  of  the  Legislature,  and 
who  shall  determine  to  decline  to  serve  and  qualify,  in  case  it  may  not  bo 
convenient  for  him  to  attend  for  the  purpose,  it  shall  and  may  be  lawful  for  him 
to  signify  and  express  his  determination,  by  a  letter  signed  by  himself,  in  the 
presence  of  a  Member  of  the  same  District  or  Parish,  and  which  said  Member, 
shall  deliver  the  letter,  addressed  to  the  President  of  the  Senate,  or  Speaker  of 
the  House  of  Representatives. 

3.  If  any  person,  duly  elected  and  returned  as  a  Member  of  either  House  of 
the  Legislature,  shall  neglect  and  fail  personally  to  appear  and  qualify,  or  decline 
to  serve,  or  signify  and  express  his  determination  to  decline,  or  not  qualify,  by 
letter  as  aforesaid,  at  the  meeting,  as  aforesaid,  of  the  House  for  which  he  is 
returned  to  serve,  then,  in  such  case,  the  Cashier  of  the  House  for  which  he 
shall  be  elected  and  returned  a  Member,  shall  report  such  default  to  the  Presi- 
dent or  Speaker,  and  the  person  so  making  it,  shall  be  liable  to  be  sent  for  at 
his  own  expense,  and  taken  into  custody,  and  to  answer  and  show  cause  and 
excuse  why  he  should  not  be  liable  to  the  penalties,  and  to  be  proceeded  against 
as  is  above  mentioned,  in  the  second  clause  of  this  Act. 

4.  If  any  Member  of  either  House,  who  hath  qualified  and  taken  his  seat, 
shall  neglect  to  appear  at  the  time  and  place  to  which  the  House  may  be  duly 
adjourned  to  meet,  or  convened  by  a  requisition  of  the  Governor  for  the  time 
being,  he  shall  be  liable  to  the  same  penalties,  and  shall  be  proceeded  against 
as  is  prescribed  and  directed  in  the  said  second  clause  of  this  Act. 

5.  If  the  Cashier  of  either  House,  shall  fail  in  his  duty  as  above  prescribed, 
he  shall  be  liable  to  be  called  on  by  the  President  or  Speaker,  to  receive  such 
censure  and  reprimand  as  the  case  may  require,  and  the  House  to  which  he 
belongs,  may  resolve  and  direct. 


Person  elected  may 
be  sent  for  at  his  ex- 
pense. 


Member  absent 
dealt  with  in  like 
manner. 


Cashier  neglecting. 


ACTS    AND    RESOLUTIONS  53 

ACT  9th  OCTOBER,  1778.     P.  L.  298.  No.  10. 




Each  Member  of  the  different  Branches  of  the  Legislature  shall  in  future  Each  member  ^ 
be  furnished  with  one  copy  of  every  such  Act  and  Ordinance,  [Acts  of  the 
Legislature,]  for  his  own  use,  and  no  more. 

[Grimke's  Public  Laics,  p.  298. 


ACTS  OF  1834,  Ch.  28.  Pamph.   p.  61.  No.  11. 


An  Act  to  regulate  the  Printing  and  Distribution  of  the  Acts 
and  Resolutions  of  the  General  Assembly  of  this  State  and  for 
other  purposes. 

Sec.  1.  Be  it  enacted  by  the  Hon.  the  Senate  and  House  of  Representatives, 
now  met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same, 
That  it  shall  hereafter  be  the  duty  of  the  printer,  employed  for  the  purpose,  by  Printer  t0  deposite 
the  Legislature,  after  the  adiournmnet  of  each  Session,  to  print  two  thousand  Acts  and  Resoiu- 

°  "  A  tions  in  office  of  the 

copies  of  the  Acts  and  Resolutions  of  the  G-eneral  Assembly  of  this  State,  '^a^seot 
passed  at  such  Session,  and  to  deposite  them,  on  or  before  the  twentieth  day  of  them  as  directed. 
February,  next  succeeding  thereafter,  in  the  office  of  the  Treasurer  of  the 
Upper  Division ;  of  which,  the  said  Treasurer  shall  keep  an  hundred  copies, 
subject  to  the  order  of  the  Governor,  for  the  purpose  of  interchanging  with 
other  States ;  and  the  said  Treasurer  shall  deposite  an  hundred  and  fify  copies 
in  the  Legislative  Library,  and  shall  transmit,  at  the  earliest  period,  to  the 
Clerks  of  the  Courts  for  the  several  Districts  and  Parishes  of  this  State,  the 
copies  then  remaining  in  his  hands :  Abbeville  District,  92 ;  Anderson  do.  56  • 
Barnwell  do.  50;  Chester  do.  77;  Chesterfield  do.  36;  Darlington  do.  50; 
Edgefield  do.  80 ;  Fairfield  do.  77 ;  Greenville  do.  56 ;  Kershaw  do.  66 ;  Lau- 
rens do.  53;  Lexington  do.  48  ;  Lancaster  do.  50;  Marlborough  do.  38; 
Newberry  do.  50  ;  Orangeburgh  do.  40 ;  Pickens  do.  56 ;  Richland  do.  100 ; 
Union  do.  56 ;  Sumter  do.  65  ;  Spartanburgh  do.  60 ;  York  do,  65 ;  Beaufort 
do.  60;  Charleston  do.  150;  Colleton  do.  55;  Georgetown  do.  50;  Horry 
do.  45 ;  Marion  do,  44 ;  Williamsburg  do.  25 ;  and  that  the  persons  employed 
in.  transmitting  said  Act,  shall  receive,  as  a  compensation  for  their  services, 
three  dollars  per  day,  for  every  forty  miles  they  may  travel,  in  going  to  and 
returning  from  the  town  of  Columbia. 


54  ACTS    AND    RESOLUTIONS. 

S33&5?  Se°'  2'  "^  i*  further  enacted,  That  the  Clerks  of  the  Courts,  after  supply- 

ing  all  such  persons  as  by  law  are  entitled  to  receive  copies  of  the  Acts  and 
Resolutions  aforesaid,  shall  sell  the  copies  remaining  in  their  hands,  at  fifty 
cents  per  copy,  and  pay  into  the  Treasury  such  amounts  as  they  may  severally 
receive  by  such  sales. 


DISTRIBUTION  OF  ACTS,  &c. 

No.  12.  EXTRACT  FROM  A  REPORT  ADOPTED  1836.  p.  113. 


The  Committee  on  the  Judiciary,  to  which  was  referred  the  Resolution  to 
provide  for  the  transmission  of  the  Acts  of  the  Legislature,  and  the  Statutes 
at  large,  beg  leave  to  Report : 
statute  aTL^e,6       That  it  is  thought  necessary  hereafter,  to  make  it  the  duty  of  the  Librarian 
Legislature.  of  the  Legislature,  to  distribute  the  Statutes  at  Large,  and  the  Acts  of  the 

Legislature,  each  year,  in  the  following  manner :  To  the  Secretary  of  State, 
for  distribution  by  him  in  the  manner  he  has  heretofore  distributed  the  Acts  of 
the  Legislature,  viz :  For  the  Clerk  of  each  Court  of  Law  in  the  State,  one 
copy  of  the  Statuets  and  one  of  the  Acts  ;  for  each  Commissioner  and  Master 
in  Chancery,  one  copy  of  each  work ;  for  each  Ordinary,  one  copy  of  each ; 
for  the  Court  of  Appeals,  at  Columbia,  one  copy  of  each ;  for  the  Court  of 
Appeals,  at  Charleston,  one  copy  of  each ;  for  each  Magistrate  in  the  State, 
and  for  every  Member  of  the  Legislature,  one  copy  each,  of  the  Acts  of  the 
Assembly.  And  the  Librarian  himself,  every  year,  shall  distribute  the  Acts 
and  Statutes  at  Large,  as  follows  :  To  the  Library  of  the  Legislature,  ten 
copies  of  each ;  to  the  South  Carolina  College,  two  copies  of  each ;  to  the 
Charleston  Library,  two  copies  of  each  ;  to  the  Governor  of  each  State  of  the 
Union,  for  the  use  of  the  State,  one  copy  of  each  ;  to  the  Legislature  of  each 
State,  one  copy  of  each ;  to  the  Library  of  Congress,  two  copies  of  each ;  to 
the  Heads  of  Department,  at  Washington,  for  the  use  of  their  Departments, 
one  copy  of  each ;  to  the  Historical  Society  of  New  York,  one  copy  of 
each ;  to  the  Athenceum,  Philadelphia,  one  copy  of  each ;  to  the  Library  of 
Harvard  University,  Cambridge,  one  copy  of  each ;  to  the  Yale  College 
Library,  one  copy  of  each ;  to  the  Libraries  of  the  Universities  of  Virginia 
and    Alabama,  one    copy    of  each ;    to   the    College,  at    Athens,  Georgia ; 


ACTS    AND    RESOLUTIONS.  00 

Princeton,  and  Chapel  Hill,  North  Carolina,  one  copy  of  each ;  to  the  Athe- 
naeum, Boston,  one  copy  of  each  ;  to  the  Committee  of  Public  Records,  London, 
care  of  C.  P.  Cooper,  Esq.,  one  copy  of  the  Statutes  at  Large  ;  to  the  London 
Museum,  one  copy  of  the  Statutes  at  Large  ;  to  the  King's  Library,  in  Paris, 
one  copy  do  ;  to  the  University  Library,  at  Heidelburger,  one  copy  do ;  to  the 
Royal  Library,  at  Berlin,  one  copy  do ;  to  the  University  Library,  at  Gottengen, 
one  copy  do. 

The  Committee  recommend  that  the  Librarian,  for  this  considerable  addition  rian^Ja°ary!bra" 

See  No.  19. 

to  his  labors,  be  paid  the  sum  of  $200. 


JOINT  RESOLUTION— 1837.  p.  58.  No.  13. 


Resolved,  That  three  copies  of  the  Statutes  at  Large,  of  this  State,  com-  Three  copies  of 
mencing  with  the  second  volume,  be  presented  as  follows  :  One  copy  to  the  to  Libraries. arge 
Royal  Library  in  Berlin,  (it  being  the  Library  of  the  University  in  that  city) ; 
one  copy  to  the  University  Library  at  Grottengen,  and  the  other  copy  to  the 
University  Library  at  Heidelburg.  And  that  the  second  volume,  now  published, 
and  the  volumes  hereafter  to  be  published,  be  delivered  to  Dr.  Francis  Leiber, 
of  the  South  Carolina  College,  to  be  by  him  forwarded  to  the  above  mentioned 
Institutions. 


OFFICERS  OF  HOUSE. 

EXTRACT  ACT— 27th  MARCH,  1787.  P.  L.  p.  427.  No*  14> 


No  Officer  of  the  Senate  and  House  of  Representatives,  shall  hereafter  take,  officers  of  Houee  to 
or  receive,  directly  or  indirectly,  any  fee  or  perquisite  whatsoever,  except  by  havenoper,luisite3- 
order  of  the  House  to  which  he  respectively  belongs,  any  usage  or  custom  to 
the  contrary  notwithstanding. 


ACTS    AND    RESOLUTIONS, 

EXTRACT  FROM  ACT  OF  1791,  CONCERNING  FEES  AND  SALARIES. 

1  Faust,  p.  117. 

Clerks  of  the  Senate  and  House  of  Representatives. 

For  any  copy  or   extract  from  the  Journal  of  either  House,  to  any  person 
requiring  the  same,  except  a  Member  of  either  Branch  of  the  Legislature,  or 
the  Executive : 
Each  copy- sheet         ......  5  pence. 

For  every  search  -  -  -  .  -  -     8  pence. 


No.  15. 


ACT  DISTINGUISHED  FROM  RESOLUTION. 


ACT  1807.— p.  56. 

An  Act  to  Increase  the  Compensation    of  the    Members  of  the  Le- 
gislature, by  Act. 

validity  of  resoiu-  Whereas,  doubts  having  arisen,  whether  the  Resolution  of  the  Legislature, 
passed  in  the  year  eighteen  hundred  and  five,  increasing  the  pay  of  the  Members 
of  the  Legislature  to  three  dollars  per  diem,  be  consistent  with  the  Constitu- 
tion, in  that  case  made  and  provided : 

Be  it  therefore  enacted,  Src.  That  the  Members  of  the  Legislature,  shall  be 
entitled  to  receive,  out  of  the  public  Treasury,  as  a  compensaiion  for  their 

$3p*?r diem.receive  expenses,  a  sum  not  exceeding  three  dollars  a  day,  during  their  attendance  on, 
going  to,  and  returning  from  the  Legislature,  at  the  rate  of  thirty  miles  per  day. 


No  lg       An  Act  to  prevent  appropriations  of  money  otherwise  than  by  an 
Act  of  the  Legislature.     Passed  1796.    2.  Faust.  84. 


Whereas,  daily  experience  evinces  the  impropriety  of  the  Legislature's  granting 
money  for  any  purpose,  in  any  other  mode  than  by  virtue  of  an  Act  of  the 
Legislature : 


ACTS    AND    RESOLUTIONS. 


57 


Be  it  therefore  enacted,  &c.  That  after  the  passing  of  this  Act,  no  sum  of 'SgEfgS,. 
money  shall  be  directed  to  be  paid  away  out  of  the  treasury  of  this  State,  unless  •damM**^! 
the  same  be  done  by  an  Act  to  be  passed  for  that  purpose ;  and  that  no  person 
who  now  is,  or  hereafter  may  be  indebted  to  the  State,  in  any  manner  whatever, 
shall  be  exempted  or  relieved,  in  part  or  in  the  whole,  from  the  payment  therof ; 
nor  shall  the  State  be  divested  of  any  right  or  interest  whatever,  for  the  purpose 
of  vesting  the  same  in  any  individual,  by  any  other  means  than  under  and  by 
virtue  of  an  Act  to  be  passed  for  that  purpose. 

See  Law,  in  Indexes  to  Constitutions  of  South-  Carolina  and  U.  States, 


LEGISLATIVE  LIBRARY  AND  RECORDS. 


ACT— 1814.  p.  55.  No.  17. 


That  the  sum  of  five  hundred  dollars  be  annually  appropriated  for  the  purchase  aj°^i  ^^- 
of  a  Library  for  the  use  of  the  Members  of  the  Senate  and  House  of  Repre- 
sentatives of  this  State. 


JOINT  RESOLUTION— 1814.  pp.  93,  100. 

A  Joint  Committee  appointed  to  purchase  suitable  Books,  and  make  proper 
arrangements  for  the  establishment  of  the  Library. 


JOINT  RESOLUTION— 1816.  p.  102.  No.  18. 


Autlwrizing  the  President  of  the  Senate  and  Speaker  of  the  House  "  to  Duty  of  Librarian- 
appoint  a  Librarian,  who  shall  give  constant  attendance  at  the  Library  Eoom, 
during  the  session  of  the  Legislature,  to  furnish  Books  to  the  Members,  and  to 


58 


ACTS    AND    RESOLUTIONS. 


observe  such  rules  as  shall,  from  time  to  time,  be  prescribed  by  the  Book 
Committee :  and  that  the  Librarian  receive,  as  a  compensation  for  his  services, 
the  sum  of  one  hundred  dollars" 


No.  19. 


State  of  Legislative 
Records. 


REPORT  ADOPTED— 1833.  p.  12. 

The  Joint  Committee  of  the  Senate  and  House  of  Representatives,  to  whom 
was  referred  the  Resolution  concerning  the  keeping  of  the  State  House,  and 
Records  of  the  Legislature,  beg  leave  to  report : 

That  they  have  examined  the  state  of  the  Records  of  the  Legislature,  and  find 
them  in  the  most  deplorable  condition.  They  have  been  thrown  into  closets,  as 
though  they  were  mere  rubbish.  In  many  instances,  they  are  irretrievably 
destroyed,  and  nearly  all  of  them  more  or  less  injured.  The  floor,  shelves  and 
chairs  are  covered  with  them,  in  utter  confusion  and  disorder.  Scarcely  a  roll 
of  the  House  has  been  preserved ;  those  that  exist,  are  so  defiled  as  to  defy  the 
touch  of  the  hand.  In  short,  it  is  difficult  to  describe  the  disgraceful  condition 
which  the  Records  of  the  Legislature  now  present,  and  nothing  but  prompt 
attention  to  them  can  save  them  from  utter  ruin.  The  Committee  have  been 
informed  that  many  of  the  Legislative  and  Executive  Records  of  the  country 
are  now  remaining  in  the  various  offices  of  Charleston,  and  should  be  removed 
to  Columbia,  and  placed  in  their  proper  apartments.  Some  of  the  Legislative 
Journals,  your  Committee  understand,  remain  yet  unbound,  in  copy  books. 
They  therefore  recommend  that  the  Governor  be  requested  to  have  the  offices 
of  Charleston  examined,  the  Records  put  in  as  good  condition  as  they  will  admit, 
and  removed  to  Columbia ;  and  that  the  Clerk  of  the  Senate,  and  the  Clerk  of 
the  House,  be  required  to  put  the  papers  of  their  respective  Houses  in  order, 
and  in  suitable  cases  to  be  prepared  for  the  purpose ;  and  that  they  be  paid  a 
suitable  compensation  for  their  services.  The  Committee  think  it  very  desirable 
that  access  to  the  records  of  the  Legislature  should  at  all  times  be  practicable  to 
the  members  of  the  Legislature  and  the  officers  of  the  State,  subject  to  the  care 
and  confidence  of  a  suitable  officer.  It  would  afford  great  facilities  to  the  business 
of  the  Legislature  and  to  the  officers  of  the  State  Government,  besides  affording 
great  conveniences  to  the  public.  The  Library,  also,  should  at  all  times  be 
subject  to  the  same  access, 
offices   of   state      The  Committee  therefore  recommend  that  the  office  of  Keeper  of  the  State 

House  Keeper  and  *-  .  a   ▼  •?         •  *    « 

Librarian  united.     House  should  be  joined  to  that  of  Librarian;  and  in  addition  to  the  duties 
Duty  of  officer.      heretofore  required  of  those  officers,  it  should  be  required  of  the  person  appointed 


Records  to  be  re- 
moved from 
Charleston  to  Co- 
lumbia. 


Clerks  to  put  pa- 

pe.s in  order. 


ACTS    AND    RESOLUTIONS. 

to  perform  these  joint  duties,  to  preserve  and  keep  in  safe  custody  and  good 
condition,  the  records  of  the  Legislature,  and  at  all  times  to  afford  to  the  members 
of  the  Legislature  and  the  officers  of  the  State,  access  to  the  records  of  the 
same;  taking  care,  at  all  times,  that  they  receive  no  injury,  and  that  they  are 
not  misplaced,  or  removed  from  their  proper  places  of  deposite ;  and  that  for 
such  services,  that  he  be  permitted  to  reside  in  the  house  on  the  State  House 
Square,  now  occupied  by  the  Keeper  of  the  State  House,  and  have  the  control 
and  management  of  the  State  House  Square  and  Buildings,  and  see  that  they 
receive  no  injury,  and  for  such  services  be  paid  the  sum  of  five  hundred  dollars,  s^iaiy. 

See  Resolution — 1836.  p.  118,  above,  No.  12,  see  No 


RESOLUTION— 1826.  p.  59.  No.  20. 


Resolved,  That  the  Committee  on  the  Legislative  Library  do  hereafter  account  Library  committee 

.  ,      .       ~  .,  -ii..  .  /.     i      T       •  to  a000"*1'  "ith 

with  the  Comptroller,  at  and  before  every  session  of  the  Legislature,  for  what-  comptroller, 
ever  monies  may  have  been  drawn  by  them  and  appropriated  to  the  use  of  the 
Library. 


RESOLUTIONS  GIVING  THE  USE  OF  THE  LIBRARY. 

1821.  p.  77.     To  the  President  and  Faculty  of  the  College, 

1825.  p.  104.  To  the  Judges  of  the  Court  of  Appeals. 

1826.  p.  58.     To  the  State  Reporter. 

1837.  p.  57.     To  the  Trustees  of  the  South- Carolina  College. 


60  ACTS    AND    RESOLUTIONS. 

ROADS. 

No.  21.  Section  5,  of  an  Act  passed  1825,  entitled 


"An  Act  to  reduce  all  the  Acts  and  Clauses  of  Acts  of  the  General 
Assembly  of  this  State,  relating  to  the  powers  and  dcties  of  the 
Commissioners  of  the  Roads,  into  one  Act." — 1825.  p.  30. 

Sec.  5.  And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  Com- 
missioners of  Roads  are  hereby  authorized  and  required  to  lay  out,  make  and  keep 
in  repair,  all  such  Roads,  Bridges,  Causeways  and  Water  Courses,  as  have  been, 
or  shall  hereafter  be  established  by  law,  or  as  they  shall  judge  necessary,  in  their 
several  Parishes  and  Districts :  Provided,  however,  that  no  Board  of  Commis- 
sioners of  Roads  shall  hereafter  have  power  to  open  any  new  road,  until  they 
shall  have  given  three  months  previous  notice,  by  advertisements,  in  the  settle- 
new  Road,  ment  through  which  the  intended  road  is  to  be  opened.  Nor  shall  any  new 
road  be  opened  over  the  lands  of  any  person  who  shall  signify  to  the  said  Board 
Permission  of  Le-    of  Commissioners,  any  opposition,  unless  by  permission  of  the  Legislature.   Nor 

S'slatureif  ownerof    -     _     .       _       ,  ,  ,  .. 

ad  be  opposed,     shall  the  Legislature  hereafter  grant  any  new  road,  unless  upon  a  representation 

MTwttbffSTnfHK  of  the  Board  of  Commissioners  of  the  District,  Parish,  or  Division,  where  the 

entation  of  Com-  _  ,  ■,-,.,  .,»•  i  •  -i        •■>•         in  -11 

mi3Sio"ers  and  3  said  road  is  to  be  laid  out,  certifying  the  propriety  and  utility  thereof ;  and,  also, 
that  three  months  previous  notice  had  been  given  to  the  persons  opposed 
thereto,  to  enable  them  to  make  counter  representations  to  the  same,  if  they 
see  fit  so  to  do. 


J  months  notice  for 


ACTS    AND    RESOLUTIONS. 


COMPANIES  INCORPORATED  AND  CHARTERS 
GRANTED  FOR  ROADS  BRIDGES  AND 
FERRIES. 


Extracts  from  an  Act  passed  1827,  (Pamph.  p.  14)  entitled  No'  22, 

"An  Act  establishing  principles  on  which  Companies  shall  be  incor- 
porated, AND  THE  CHARTERS  OF  FERRIES,  BRIDGES  AND  TURNPIKE  ROADS 
SHALL  BE  HEREAFTER  GRANTED,  AND  FOR  OTHER  PURPOSES  THEREIN 
EXPRESSED." 

Clause  1.  Be  it  enacted,  fyc.  That  whenever,  hereafter,  the  Legislature  shall  ^7ctct°™^°ypro. 
authorise  the  formation  of  a  Company,  for  the  construction  of  a  Turnpike  Road,  except  °uchhla/are 

.      .  .  excluded  by  its 

Bridge,  Causeway,  or  the  keeping  of  vm  Ferry,  the  Company,  in  its  formation,  charter. 
organization,  and  subsequent  proceedings,  shall  be  subject  to  all  the  provisions 
of  this  Act ;  except  such  as  the  Act  of  authorization  shall  expressly,   or   by 
necessary  implication,  exclude. 

Section  1-25 — Contains  various  provisions  concerning  the  form,   rights 
and  liabilities  of  such  Company.     Vide. 

Clause  2.  (p.  20.)     That  every  charter  for  a  Ferry,  Bridge,  or  Turnpike  Every  charter  for 

.,      .         .     ,.    . ,       ,  T  -,/-,  i!       Ferry,  Bridges,  &.C. 

Road,  to  any  individual  or  individuals,  or  to  any  incorporated  Company,  by  the  subject  to  provi- 
Legislature  of  the  State,  or  the  authority  thereof,  hereafter  to  be  granted,  shall  J>7nA*°fInc<>rP<>ra- 
be  subject  to  all  the  provisions  of  this  Act,  except  such  as  the  Act  creating  or 
authorizing  such  charter,  shall  expressly,  or  by  necessary  implication,  exclude. 

Sec.  26.  Every  charter  of  a  Bridge,  Ferry,  or  Turnpike  Road,  shall  be  in  Every  charter  in 
fee  simple,  and  shall  be  held  by  the  grantee  or  grantees,  his,  her,  or  their  heirs, 
or  assigns,  or   successors,  forever,  as  real  estate,  subject  to  be  extinguished  in 
manner  herein  before  expressed. 

Sec.  27.  No  grant  of  a  Bridge,  Ferry,  or  Turnpike  Road,  shall  prevent  the  Not  to  exclude  Le- 

gislature  from 

Legislature  from  making  further  grants  of  Ferries,  Bridges,  and  Turnpike  Roads,  ^feSe"' others 
within  any  distance  of  the  same,  whenever  the  convenience  of  the  community  profits?  uoms 
may  require  such  further  grants.     But  every  grant  of  a  Ferry,  Bridge,  or 
Turnpike  Road,  shall  exclude  all  other  persons  from  erecting  and  keeping  up 


ACTS    AND    RESOLUTIONS. 

any  Bridge,  Ferry,  or  Road,  which  may  reduce  the  profits  of  such  chartered 
Bridge,  Ferry,  or  Turnpike  Road,  except  for  the  individual  use  of  the  person 
erecting  and  keeping  up  such  unchartered  Bridge,  Ferry,  or  Road,  without  the 
authority  of  the  Legislature,  expressed  by  Act. 

Sections  28-46 — As  to  the  tolls,  and  powers  of  the  Legislature  over  them. 
Vide. 


Right  of  alteration 
reserved  to  Legisla- 
ture. 


Petition:  What  i  t 
shall  contain. 


Notice  of  it  to  be 
published. 


Sec.  47.  Nothing  in  this  Act  contained,  shall  be  construed  to  deprive  the 
Legislature  of  the  right  of  passing,  altering,  or  repealing  any  Act  or  Acts, 
altering  the  duration  of  office  of  any  of  the  said  Commissioners,  or  declaring  any 
commission  to  cease,  and  ordering  a  new  one  to  be  appointed,  or  imposing  penal- 
ties for  not  keeping  the  said  works  in  repair,  or  for  enforcing  due  attendance  at 
the  same. 

Sec.  48.  Every  application  to  the  Legislature  to  grant  a  charter  -for  any 
Bridge,  Ferry,  or  Turnpike  Road,  shall  be  by  petition,  in  which  shall  be  set 
forth  particularly,  the  site  on  which  it  is  to  be  constructed  or  kept,  and  shall  be 
enumerated  all  the  chartered  Bridges,  Hrries,  and  Turnpike  Roads  within  ten 
miles  of  any  part  of  the  work  so  intended  to  be  constructed  or  kept ;  and  in  it 
shall  be  stated  the  public  convenience  which  requires  the  grant ;  and  the  said 
petition,  together  with  a  notice  that  it  is  intended  to  present  it  to  the  Legisla- 
ture, shall  be  published  in  some  gazette,  printed  at  the  Seat  of  Government,  or 
in  the  Judicial  District  in  which  some  part  of  the  said  work  is  intended  to  be 
constructed  or  kept,  at  least  once  in  each  month,  for  the  term  of  three  months, 
next  preceding  the  month  in  which  the  Legislature  to  which  the  petition  is 
intended  to  be  presented,  is  to  commence  its  session ;  and  when  any  proprietor 
or  proprietors  of  any  chartered  Bridge,  Ferry,  or  Turnpike  Road,  his,  her,  or 
their  agent,  trustee,  or  attorney,  may  give  notice  in  writing  to  the  petitioner,  or 
any  one  of  the  petitioners,  two  months  before  the  meeting  of  the  Legislature  to 
tfonfte'stimonyCy"  which  the  petition  is  to  be  presented,  that  the  grant  will  be  opposed ;  and  in  the 

be  taken. 

said  notice  shall  state  the  grounds  of  such  opposition ;  then,  and  in  that  case,  all 
the  evidence  for  and  against  such  a  grant,  shall  be  taken  on  oath,  and  in 
writing,  before  the  Commissioner  of  the  Court  of  Equity,  or  Clerk  of  the 
Court  of  the  District  where  is  situated  some  part  of  the  work  so  intended  to  be 
constructed  or  kept.  But  before  any  evidence  shall  be  so  taken,  the  party 
offering  it  shall  give  at  least  ten  days  notice  to  some  one  of  the  opposite  party, 
of  the  time  and  place  of  taking  such  evidence ;  and  whenever  any  such  charter 
shall  be  granted  without  all  the  requisites  of  this  clause  being  complied  with. 


ACTS    AND    RESOLUTIONS.  63 

the  said  charter  may  be  repealed  by  scire  facias,  at  the  suit  of  the  proprietor  or  Nerieet  of  provision 

'.  *  *  J  I       r  subjects   charter  to 

proprietors  of  any  previously  chartered  Bridge.  Ferry,  or  Turnpike  Road,  any  faCiaes1!eaUd  by  scire 
part  of  which  may  be  situated  within  ten  miles  of  any  part  of  the  Bridge,  Ferry, 
or  Turnpike  Road  so  illegally  chartered.     The  provisions  of  this  section  shall 
not  extend  to  any  charter  for  a  Bridge,  Ferry,  or  Turnpike  Road,  which  may  be 
granted  or  authorized  during  the  present  session  of  the  Legislature. 

Sec.  49.  Whenever,  hereafter,  any  Ferry  may  be  chartered,  in  pursuance  of  Ferry  may  be  sup- 

1  pressed  for  the  es- 

this  Act,  or  any  other  principle,  for  a  term  of  years,  or  in  fee  simple,  and  the  MdjJoTromp^ 
public  interest  may  require  a  Bridge  to  be  erected  thereat,  and  that  the  Ferry 
should  be  suppressed,  the  Legislature  may  erect  the  said  Bridge,  or  grant,  or 
authorize  a  charter  for  erecting  the  same,  and  suppress  the  said  Ferry,  after  the 
expiration  of  one  year  from  the  date  of  the  Act  declaring  the  suppression,  on 
condition  that  the  whole  capital  expended  in  making  the  roads  and  landings  to 
said  Ferry,  is  paid  to  the  proprietor  or  proprietors  thereof,  with  100  per  cent, 
advance  thereon. 

Sections  50-63. —  Vide  pages  27-30  of  pamphlet,  1827. 
See  Act  1836,  p.  70,  declaring  the  provisions  of  this  Act  of  1827  inapplica- 
ble to  the  Sumter  arid  Darlington  Rail  Road  Company. 

Act  1828,  p.  91,  inapplicable  to  South  Carolina  Canal  and  Rail  Road  Co. 


TURNPIKES. 


An  Act  to  define  the  terms  upon  which  the  State  will  aid  in  the       No.  23. 
construction  of  Turnpike  Roads.     Passed  1838.     Pamph.  p.  36.        


Sec.  1.  Be  it  enacted,  fyc.  That  whenever  a  Company  of  individuals  shall  state  wiu  subscribe 

c       J  two-fifths  of  stock 

associate  themselves  together,  for  constructing  a  Turnpike  Road,  and  shall  ^&383 


three  fifths,  provid- 


subscribe  three-fifths  of  the  estimated  cost  of  the  said  road,  the  State  of  South-  ed  terms  be  com- 
plied with. 

Carolina  will  subscribe  and  contribute  the  remaining  two-fifths,  and  become  a 


64 


ACTS   AND    RESOLUTIONS. 


stockholder  in  that  proportion,  in  the  said  Company,  when  the  following  requi- 
sites shall  have  been  complied  with,  that  is  to  say: 

1.  The  Company  desiring  the  aid  of  the  State,  shall  cause  to  be  made,  and 
furnished  to  the  Legislature,  proper  plans  and  estimates  of  the  cost  and  advan- 
tages of  the  road  they  propose  to  make ;  and  shall  satisfy  the  Legislature  of  the 
expediency  of  constructing  the  same,  and  that  it  can  be  constructed  at  the  amount 
of  the  estimate. 

2.  The  said  Company  shall  also  shew,  to  the  satisfaction  of  the  Legislature, 
that  three-fifths  of  the  estimated  cost  of  the  road  have  been  subscribed  by 
responsible  individuals,  and  that  it  is  their  intention  to  proceed,  as  soon  as  pos- 
sible, to  the  execution  of  the  contemplated  work. 

Sec.  2.  Whenever  the  said  preliminaries  shall  have  been  complied  with, 
the  faith  of  the  State  is  hereby  pledged  to  grant  unto  any  such  Company  a 
charter  of  incorporation,  and  to  subscribe  to  the  Stock  thereof  two-fifths  of  its 
capital,  reserving  to  the  State  corresponding  shares  of  the  profits,  and  a  corres- 
ponding power  in  the  management  and  direction  of  the  Company. 

Sec  3.  No  instalment  shall  be  paid  by  the  State,  upon  the  stock  of  any  such 
Company,  until  a  corresponding  call  shall  be  made  upon  the  private  stockhold- 
ers, in  common  with  the  State;  and  the  Comptroller  General  shall,  upon  every 
call  for  instalments,  after  the  first,  ascertain  that  the  preceding  instalments  have 
been  paid  in  by  the  private  stockholders,  before  such  subsequent  instalment 
shall  be  paid  by  the  State. 

Srcc.  4.  The  President  and  Directors  of  every  Company  in  which  the  State 
shall  become  a  stockholder,  shall,  on  the  first  day  of  October,  in  every  year, 
make  a  special  report  of  its  condition  and  finances,  to  the  Comptroller  General,  and 
report't"  Le^dft-""  if  any  such  Company  shall  neglect  to  make  a  return  as  aforesaid,  the  Comptroller 
General  shall,  if  possible,  procure  information  of  its  condition,  and  report  the 
same,  or  the  fact  of  not  being  able  to  get  information,  to  the  Legislature. 

Sec.  5.  The  stock  which  the  State  may  hold  in  any  such  Company,  shall 

Stock  of  State  not  op.-i-i  i  />    i       t       •  i 

to  be  forfeited.       never  become  forfeited,  without  the  consent  ot  the  Legislature. 


Faith  of  State 
pledged. 


State  to  pay  only 
as  other  stock- 
holders. 


Comptroller  to 
ascertain. 


Report  to  Comi 
troller,  if  not,  fie  to 


ACTS    AND    RESOLUTIONS.  65 

SOUTH-CAROLINA  CANAL  AND  RAIL  ROAD 
COMPANY. 


An  Act  to  authorize  the  formation  of  a  Company  for  constructing       No.  24. 

Kail  Roads  or  Canals  from  the  city  of  Charleston  to  the  towns  of 

Columbia,  Camden  and  Hamburg.     1827.     Ch.  27,  p.  73. 


Amended  by  Act,  January,  1828,  ch.  6,  p.  87 — which  contains  the  charter, 
giving  exclusive  privileges  for  36  years. 


JOINT  RESOLUTION— 1S27.  p.  52. 

Recommending  an  appropriation  of  $4,000,  to  enable  the  Superintendent  of 
Public  Works  to  cause  the  country  between  Charleston  and  Hamburg  to  be 
surveyed,  so  as  to  ascertain  the  proper  course,  and  the  practicability  of  con- 
structing a  Canal  and  Rail  Road  between  those  places. 


EXTRACT  FROM  APPROPRIATION  ACT— 1829.  p.  13.  No.  25. 


Sec.  15.  That  the  Comptroller  General  of  this  State  be,  and  he  is  hereby 
authorized  and  directed,  whenever  an  application  in  writing  shall  be  made  to  him, 
for  that  purpose,  by  the  President  and  Directors  of  the  South- Carolina  Canal 
and  Rail  Road  Company,  to  advance,  by  way  of  loan  to  the  said  Company,  the 
sum  of  one  hundred  thousand  dollars,  to  be  paid  out  of  any  monies  in  the  trea-  hom  of  $100>000- 
sury,  not  otherwise  appropriated :  Provided,  The  said  Company,  or  the  President 
and  Directors  thereof,  before  the  said  sum  is  advanced  and  paid  over  to  them, 
shall  secure  the  re-payment  thereof,  by  bond  and  a  mortgage,  or  assignment  to  Bond  and  Mortgage. 
9 


OD  ACTS   AND    RESOLUTIONS. 

the  State  of  their  whole  assignable  interest,  property  and  estate  in  the  Kail 
Road  and  Canals  by  them  to  be  constructed,  in  pursuance  of  their  charter,  and 
the  materials  collected,  or  to  be  collected  therefor.  Provided,  also,  That  the 
same  shall  be  paid  in  such  a  proportion,  that  when  the  stockholders  have  paid 
thirty  thousand  dollars,  the  Comptroller  General  shall  lend  them,  on  the  above 
security,  ten  thousand  dollars,  and  so  on,  until  the  hundred  thousand  dollars  has 
been  advanced. 

Sec,  16.  That  the  said  Company  shall  be  required  to  pay  interest  on  the 
interest  at  5  per  ct  said  loan,  at  the  rate  of  five  per  cent,  per  annum,  and  that  the  whole  sum  shall 
be  re-paid  to  the  State  in  seven  years. 


No.  26.  REPORT  AND  RESOLUTION— ADOPTED  1836.  p.  109. 


The  Committee  of  Finance,  to  which  was  referred  the  Petition  of  the  South- 
Carolina  Canal  and  Rail  Road  Company,  praying  to  "  be  released  from  their 
obligation  to  the  State,  for  the  sum  of  one  hundred  thousand  dollars,  with  the 
amount  of  interest  which  has  accrued  thereon,"  have  had  the  same  under  con- 
sideration, and  beg  leave  to  report : 

That  it  is  inexpedient,  in  their  opinion,  to  release  the  Company  from  their 
obligation;  but  the  Committee  would  respectfully  recommend  that  a  liberal 
indulgence  ought  to  be  extended  towards  the  said  Company,  which  risked  so 
much  in  a  problematical  project,  that  has  already  bestowed  incalculable  benefits 
upon  the  people  of  this  State.  The  Committee  therefore  recommend  the  adop- 
tion of  the  following  resolution : 

Resolved,  That  the  South- Carolina  Canal  and  Rail  Road  Company  be,  and 

they  are  hereby  indulged,  for  ten  years  from  18th  December,  1836,  in  the  pay- 

wte'ofinterestf"1*  ment  of  their  said  obligation,  at  the  same  rate  of  interest  as  heretofore,  on  the 

said  Company's  giving  sufficient  security  for  the  ultimate  payment  of  the  said 

debt  and  interest,  on  the  18th  December,  1846. 

See  Act  lending  the  credit  of  the  State  to  secure  a  loan  to  the  Louisville, 
Cincinnati  and  Charleston  Rail  Road  Company — 1837,  p.  35,  whereby  another 
mortgage  is  preferred  to  that  of  the  State. 


ACTS    AND    RESOLUTIONS.  67 

OTHER  RAIL  ROAD  COMPANIES  INCORPORATED.  No.  27. 


Doekon  and  Whappahoola,  -  -  1833,  p.  58. 

Edgefield,        -        -        -  1834,  p.  26.  1835,  p.  46. 

Barnwell,  ...  .  1835,  p.  61. 

Sumter  and  Darlington,  -  -  1836,  p.  66. 

Metropolitan,         ••  -  -  1838,  p#16. 

Charleston,  Georgetown  and  All  Saints,  1838,  p.  50. 


LOUISVILLE,  CINCINNATI  AND    CHARLESTON 

RAIL  ROAD. 


JOINT  RESOLUTION— 1832.  p.  27.  No.  28. 


The  Committee  on  Internal  Improvements,  on  the  part  of  the  Senate,  in 
conjunction  with  the  same  Committee  from  the  House  of  Eepresentatives,  acting 
as  a  Joint  Committee,  to  whom  was  referred  the  petition  of  the  South- Carolina 
Western  and  Atlantic  Rail  Road  Committee,  praying  for  an  appropriation  to 
defray  the  expenses  of  a  survey,  report : 

That  they  have  had  the  same  under  consideration,  and  have  concurred  in 
recommending  that  the  sum  of  one  thousand  dollars  be  appropriated  by  this  i^tn^nS^ 
State,  if  so  much  shall  be  necessary,  subject  to  the  order  of  the  said  Committee, 
to  defray  the  expenses  of  a  survey  within  the  limits  of  this  State,  with  a  view 
to  the  location  of  a  Rail  Road  for  the  connection  of  the  Atlantic  and  Western 
waters,  by  a  Company  to  be  hereafter  established  and  chartered  by  the  Legisla- 
ture :  Provided,  That  before  payment  of  the  appropriation,  satisfactory  evidence  Provlso 
shall  be  produced  to  the  Comptroller  General,  that  the  Legislatures  of  North- 
Carolina  and  Tennessee  have  made  appropriations,  to  defray  the  expense  of 
similar  surveys  within  their  respective  limits. 

Agreed  to.     House  concurred. 

See  Appropriation  Act — 1832.  p.  15. 


68  ACTS   AND    RESOLUTIONS. 

LOUISVILLE   CINCINNATI   AND    CHARLESTON 

RAIL  ROAD. 

No.  29.     An  Act  t^cause  surveys  for  a  Kail  Road  between  Cincinnati  and 
See.  Charleston.     Passed  1835.     Ch.  5.     Pam-ph.  p.  16. 

An  Act  to  incorporate  the  Cincinnati  and  Charleston   Rail  Road 
Company.     1835.     Ch.  19.     Pamph.  p.  46. 

Sec.  18.  Neither  of  the  said  States  of  South- Carolina,  North- Carolina,  Ten- 
tMrty-luySre' for  nessee  nor  Kentucky,  shall,  within  the  period  of  thirty- six  years  from  the  first 
day  of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- 
six,  authorize  the  construction  of  any  Rail  Road  within  twenty  miles  of  the 
Rail  Road  so  to  he  constructed  by  the  Cincinnati  and  Charleston  Rail  Road 
Company,  which  shall  connect  any  points  or  places  on  their  Rail  Road,  or  which 
shall  run  in  the  general  direction  thereof,  without  the  consent  of  the  said 
Company. 

*  >fc  5fc  *  *  >K  * 

Sec.  43.  That  the  capital  stock  in  the  said  Company,  the  dividends  thereon, 
and  all  the  property  and  estates,  real  and  personal,  belonging  to  the  said  Corn- 
Exempt  &om  taxa-  panVj  gha]i  fa  forever  free  from  taxation,  in  each  and  every  of  the  said  States  of 
South- Carolina,  North- Carolina,  Tennessee  and  Kentucky;  and  it  shall  not  be 
lawful  for  either  of  the  said  States,  or  any  corporate,  municipal,  police,  or  other 
authority  thereof,  or  of  any  town,  city,  county,  or  district  thereof,  to  impose  any 
tax  on  such  stock  or  dividends,  property  or  estates :  Provided,  that  the  said 
tater!st.asmoneyat  stock  or  dividends,  when  the  said  dividends  shall  exceed  the  legal  interest  of  the 
State,  may  be  subject  to  taxation  by  the  State,  in  common  with  other  money  at 
interest,  and  interest  thereon. 

Sec.  46.  And  the  said  Company  shall  be  entitled  only  to  such  powers  and 
powers  same  in  four  privileges  as  shall  be  granted  to  it  by  all  the  Legislatures  incorporating  it,  and 
the  powers  necessary  and  proper  to  give  them  effect;  and  shall  be  subject  to  all 
the  restrictions  and  disabilities  which  may  be  imposed  on  it  by  any  of  the  Le- 
gislatures, by  the  Act  of  Incorporation ;  so  that  its  powers,  privileges  and  disa- 
bilities may  be  similar  in  all  the  States  of  Kentucky,  Tennessee,  North- Carolina 
and  South- Carolina, 


ACTS    AND    RESOLUTIONS. 


Sec.  47.  This  Act  shall  be  inoperative  and  void,  unless  Acts  for  a  similar  v<>^  without  tho 

J-  '  concurrence  of  other 

purpose  are  enacted  by  the  Legislatures  of  North- Carolina,  Tennessee  and  threeStates- 
Kentucky. 


JOINT  RESOLUTION— 1835.  p.  50.  No>  30> 


Declaring  that  the  Legislature  of  South- Carolina  regards  with  the  deepest 
interest  and  most  patriotic  solicitude,  the  efforts  which  are  making  by  citizens 
of  this  and  neighboring  States,  to  open  a  communication,  by  means  of  a  Eail 
Road,  from  Cincinnati  to  Charleston;  pledging  the  zealous  and  cordial  co-oper- 
ation of  the  citizens  of  this  State,  and  declaring  that  when,  by  surveys,  the 
practicability  of  the  work  shall  have  been  made  evident,  the  Legislature  will 
conceive  it  their  bounden  duty  to  aid  the  project  by  means  of  a  public  spirited 
and  enlightened  legislation ;  and  transmitting  the  resolutions  to  the  Executives 
of  the  States  of  Georgia,  North- Carolina,  Tennessee,  Kentucky,  and  Ohio,  to 
be  laid  before  their  respective  Legislatures. 


JOINT  RESOLUTION— 1835.  p.  50. 

Granting  leave  of  absence  to  Mr.  Solicitor  Elmore  to  visit  North- Carolina  on 
the  project. 


70  ACTS   AND    RESOLUTIONS. 

LOUISVILLE,  CINCINNATI    AND  CHARLESTON 

RAIL  ROAD  AND  SOUTH-WESTERN  RAIL 

ROAD  BANK- 


No.  31.      An  Act  to  confer  Banking    Privileges    on  the   Stockholders  of  the 

— — —      Louisville,  Cincinnati   and    Charleston     Rail    Road    Company,  on 

certain  terms  and  conditions. — Passed  1836.   Chap.  2.  Pamph.  p.  7. 


Sec.  1.  Be  it  enacted,  fyc.  That  the  Rail  Road  Company,  incorporated  in 
the  States  of  South  Carolina,  North  Carolina,  and  Tennessee,  by  the  name  of 
"  The  Cincinnati  and  Charleston  Rail  Road  Company,"  and  in  the  State  of 
Kentucky,  by  the  name  of  the  Louisville,  Cincinnati  and  Charleston  Rail  Road 
Company,  shall  be  called,  and  known  as  a  body  corporate,  in  all  the  States 
Name  of  Road      aforesaid,  by  the  name  of  The  Louisville,  Cincinnati  and  Charleston 

changed. 

Rail  Road  Company,  and  that  the  corporators  in  the  said  Rail  Road  Com , 

pany,  shall  form  a  separate  body  corporate,  in  deed  and  in  law,  for  banking 

to  have  Banking     purposes,  in  such  of  the  States  of  South  Carolina,  North  Carolina,  Tennessee, 

privileges,  provided  _  ,  _    _         _   _ 

three  states  concur  and  Kentucky,  as  shall  assent  hereto,  and  be  called  and  known  by  the  name  of 
"  The  South-Western  Rail  Road  Bank  :"  Provided,  That  the  assent  of 
not  less  than  three  of  the  said  States,  shall  be  given  hereto,  before  the  said 
Bank  shall  have  corporate  existence. 

*****  * 

Sec.  9.  (p.  10)  The  President  and  Directors  of  the  Bank,  shall  make  up 

annually,  a  full  statement  of  the  affairs  thereof,  as  they  may  stand  on  the  first 

day  of  October,  and  also  of  the  affairs  of  each  of  the  Branches  on  that  day, 

as  rendered  to  them  bv  the  President  and  Directors  of  such  Branch,  and  shall 

Report  to  Govern-  J 

L"J^teurt^before  send  one  copy  thereof,  certified  by  the  President  and  Cashier,  to  each  of  the 
Governors  of  the  said  States,  to  be  laid  before  their  respective  Legislatures. 

Sec  10.  The  mother  or  principal  Bank,  shall  be  located  at  Charleston,  and 
the  said  Bank  mav  establish  Branches,  or  have  Agencies  thereof,  in  any  State, 

Mother  Bank  at  '  °  * 

Charleston.  -vvitli  the  consent  of  the  Legislature  thereof.     And  it  is  hereby  declared,  that 

Agencies  with  the    the  said  Bank  shall  not  have  corporate  existence,  unless  two  of  the  States  of 

consent  of  the  Le- 

T^other  states    North  Carolina,  Tennessee,  and  Kentucky,  shall  consent  to  the  establishment  of 

must  consent  to         -^  ,  .. 

Branches  therein.    Branches  therein. 


ACTS    AND    RESOLUTIONS.  71 

Sec    25.  (p.  14.)  The  capital  of  the  said  Bank,  and  all  the  funds  thereof, 

t  -i-i-ii  r>ini/>  Exempt  from  taxa- 

the  shares  of  the  Stockholders  therein,  and  the  dividends  thereof,  shall  be  tree,  f0Yo>eTanTPro- 
and  exempt  from  taxation  of  any  kind,  in  each  of  the  States   granting  the  (*uceofland3- 
Charter,  during  the  continuance  thereof,  except  that  its   real  estate,  and   its 
goods  pledged  for  money  lent,  and  its  goods,  the  produce  of  its  lands,  may  be 
taxed  at  the  same  rate  as  similar  real  estate  and  goods  are  taxed,  in  the  State 
where  the  same  may  be  situated. 

Sec.  26.  The  notes  of  the  said  Bank  shall  be  receivable  at  the  Treasuries  Notes,  redeemed  in 

specie,  receivable 

of  the  said  several  States,  in  which  it  is  chartered,  in  payment  of  public  dues,  forPubUc<1«e3- 
so  long  as  the  said  Bank  shall  redeem  its  notes  with  specie. 

Sec.  28.  In  case  the  Rail  Road  Company  shall  finish  the  Road  with  a  ££"C^S£ 
double  track,  from  Charleston,  or  the  Rail  Road  of  the  South  Carolina  Canal  ioycSS£ure  bcyond 
and  Rail  Road  Company,  to  the  Ohio  river,  or  shall  unite  it,  in  the  State  of 
Kentucky,  with  some  other  Rail  Road,  which  may  connect  it  with  the  Ohio 
river,  within  ten  years  from  the  first  day  of  January,  1837  ;  or  in  case,  within 
the  same  period,  the  Louisville,  Cincinnati  and  Charleston  Rail  Road  Company, 
shall  finish  the  Road  with  a  double  track,  from  Charleston,  or  from  the  Rail 
Road  of  the  South  Carolina  Canal  and  Rail  Road  Company,  to  the  Southern 
boundary  of  Kentucky ;  or  in  case  the  said  Louisville,  Cincinnati  and  Charleston 
Rail  Road  Company,  shall,  within  the  same  period,  actually  expend  on  the  said 
Road,  the  sum  of  twelve  millions  of  dollars,  then  the  said  Bank  shall  have 
corporate  existence  for  twenty-one  years,  after  the  expiration  of  the  said  ten 
years ;  otherwise,  it  shall  cease  to  have  corporate  existence  after  the  expiration 
of  the  said  ten  years. 

Sec.  29.  If  the  Legislature  of  the  State  of  Kentucky,  shall  not,  within  one 
year  from  the  first  day  of  March,  1837,  discharge  the  Rail  Road  Company  tuckysimii  be  ex- n" 
from  the  obligation  to  make  branches  to  the  main  road  in  that  State,  and  the 
Company  shall,  within  ten  years  from  the  1st  day  of  January,  1837,  construct 
a  Rail  Road,  with  a  double  track  from  Charleston,  or  from  the  Rail  Road  of 
the  South  Carolina  Canal  and  Rail  Road  Company,  to  the  Southern  boundary 
of  the  State  of  Kentucky,  or  to  the  Cumberland  river,  then  the  said  Rail 
Road  Company  shall  continue  to  exist  as  a  body  corporate,  in  the  States  of 
South  Carolina,  North  Carolina,  and  Tennessee,  with  all  the  rights  and  privi- 
leges appertaining  to  it  in  those  States,  discharged  from  all  obligation  to  con- 
struct any  Rail  Road  in  the  State  of  Kentucky,  or  to  have  any  Directors 
residing  in  that  State  ;  and  the  Bank  hereby  chartered,  shall  have  corporate 
existence  in  such  of  the  States  as  shall  assent  hereto,  with  all  the  rights  and 
privileges,  and  subject  in  all  respects,  to  the  provisions  herein  contained,  dis- 


72  ACTS    AND    RESOLUTIONS. 

charged  from  all  obligation  to  establish  or  construct  any  Road  in  the  State  of 
Kentucky. 

Sec.  30.  It  is  hereby  declared,  that  in  case  the  Rail  Road  Company  shall 
if  $3,ooo,ouoclbVenot  not,  within  five  years,  from  the  first  day  of  January,  1837,  have  called  in  and 

contracted  in  five 

years.  expended,  or  made  contracts  to  the  amount  of  three  millions  of  dollars,  for  the 

construction  of  the  Road,  the  grant  of  Banking  privileges  hereby  conferred, 
shall  cease  and  be  revoked.     In  case  the  construction  of  the  Road  shall  be 

if  work  be  suspend- suspended  after  the  Bank  goes  into  operation,  for  one  year,  before  the  final 
completion  of  the  Road,  then  this  Charter  shall  be  taken,  and  deemed  as  null 

two  years  to  wind  an(j  void ;  ]jUt  the  Bank  shall,  in  this  contingency,  be  allowed  two  years  for 
winding  up  their  concerns,  without  the  privilege  of  doing  new  business. 


No.   32.         ^N    AcT    TO     AMEND    THE    CHARTER     OF     THE     LOUISVILLE,    CINCINNATI     AND 

Charleston  Rail  Road  Company. — 1836.  p.  42. 


By  this  the  Charter  is  amended  in  three  particulars : 

Three  Directors  1.  Three  of  the  Directors  shall  be  elected  from  Stockholders  residing  in  each 

auaVgc?  of  the  four  States,  and  twelve  from  Stockholders  at  large,  without  regard  to 

residence. 

2.  Company  discharged  from  all  obligation  to  construct  branches  of  the  Road 
KentaTy,CoSr'exten-  in  Kentucky,  or  to  extend  the  main  Road  farther  in  the  State,  than  from  the 

sion  beyond  Lex-  • 

inston.  Southern  line  thereof,  to  Lexington. 

.    . ...      3.  That  whenever  it  shall  be  the  unanimous  vote  of  the  general  Directors 

Amount  subscribed  ° 

areUed^'to^Uoad  residing  in  any  State,  requiring  it,  the  general  Board  of  Directors,  shall  apply 
the  amount  subscribed  by  that  State,  or  its  citizens,  in  the  first  place,  to  the 
construction  of  such  portions  of  the  said  Road  as  may  be  within  the  limits  of 
that  State. 

And  it  is  provided,  that  if  Kentucky  should  not  agree  to  the  amendments 
notK^e*ycharter  proposed,  the  Company  is  constituted  a  body  politic  for  the  other  three  States, 
Btates!  according  to  the  Acts  of  Incorporation,  discharged  from  all  obligation  to  con- 

struct any  Road,  or  have  any  resident  Directors  in  the  State  of  Kentucky,  or 
to  have  more  than  21  general  Directors,  but  shall  be  bound  to  extend  the  Road 
to  the  Southern  boundary  of  Kentucky. 


ACTS   AND    RESOLUTIONS.  73 

By  Resolution  1836,  p.  151,  the  Governor  was  requested  to  forward  to  the 
Governors  of  Nortli  Carolina,  Tennessee  and  Kentucky,  the  Acts  of  this  Legis- 
lature, proposing  amendments  to  the  Charter,  and  conferring  Banking  privileges, 
"  with  the  request  that  they  will  lay  them  before  their  respective  Legislatures, 
for  concurring  therein." 


JOINT  RESOLUTION— 1836.  p.  129.  No.  33. 


The  Joint  Committee  of  both  Houses,  to  whom  was  referred  so  much  of  the 
Governor's  Message  as  relates  to  the  Subscription,  on  the  part  of  the  State  of 
South  Carolina,  to  the  Louisville,  Cincinnati  and  Charleston  Raid  Road  Com- 
pany, beg  leave  to  report  the  following  Resolution  : 

Resolved,  That  in  case  the  State  of  Kentucky,  shall  agree  to  amend  the  if  Kentucky  should 

•"  o  agree  to  amend- 

Charter  of  the  Louisville,  Cincinnati  and  Charleston  Rail  Road  Company,  so  ments" 

as  to  discharge  the  said  Company  from  the  obligation  to  construct  branches  of 

their  Road  in  that  State,  and  to  have  more  than  three  resident  Directors  therein, 

it  shall  be  the  duty  of  the   Comptroller  General  of  this   State,  forthwith  to  comptroller  Gene- 
ral to  subscribe 

subscribe  in  the  said  Company,  a  number  of  Shares  equal  to  the  amount  of  liSp-Kao^f10 
the  Surplus  Revenue,  which  shall  be  received  by  the  State  as  her  proportion  nu°e.SurpIUS  Reve" 
of  the  same,  under  the  distribution  Act,  passed  at  the  last  Session  of  Congress,  And pay  advance, 
and  pay  the  advance  and  instalments  thereon,  as  other  Stockholders  have  done, 
or  may  do.     But  in  case  the  State  of  Kentucky  shall  not  consent  to  such 
amendment,  and  the  States  of  South  Carolina,  North  Carolina  and  Tennessee,  not  agree,  and  the 

three  other  States 

shall  give  corporate  existence  in  those  States,  to  the  said  Company,  discharged  ^lld modify  char" 

from  all  obligation  to  make  any  Road  in  Kentucky,  or  to  have  any  Directors 

therein,  it  shall  be  the  duty  of  the  said  Comptroller,  to  subscribe  likewise,  on  Subgoription  then 

this  contingency,  to  the  Stock  of  the  said   Company,  so  incorporated  in  the 

said  three  States,  for  a  number  of  Shares  equal  to  the  amount  of  the  Surplus 

Revenue  which  shall  be  received  by  this  State,  as  her  proportion  of  the  same, 

under  the  Distribution  Act,  passed  at  the  last  Session  of  Congress :  Provided' 

That  the  total  amount  of  the  Subscription,  may  not  exceed  one  million  of  $1,000,000. 

dollars. 

10 


74 


No.  34. 


ACTS    AND    RESOLUTIONS. 
EXTRACT  FROM  APPROPRIATION  ACT— 1836.  p.  20. 


comptroller  to  re-        That  the  Comptroller  General  shall  be  authorized  to  call  upon  the  President 
steaImen°tfon  scares  of  the  Bank  of  the  State  of  South  Carolina,  for  the  Instalments,  as  they  become 

subscribed  out  of         1  i         m  i  i        »i     i     *»        •  »      "  r        •      *n       rv      • 

surplus  Revenue,  due,  on  the  Shares  to  be  subscribed  for  in  the  Louisville,  Cincinnati  and 
Charleston  Rail  Road  Company,  according  to  terms  and  conditions  of  the 
Resolutions  adopted  by  the  Legislature  on  the  subject,  during  their  present 
Session,  to  be  paid  by  the  said  President,  out  of  the  surplus  to  be  received 
from  the  General  Government. 


No.  35. 


RESOLUTION— 1836.  p.  151. 


Governor,  from  Resolved,  That  His  Excellency,  the  Governor,  be  authorized,  from  the  Con- 

pay  fo^sSrve"^.'  °  tingent  Fund,  to  pay  whatever  amount  may  be  wanting,  beyond  the  sum 
appropriated,  for  effecting  the  surveys  of  the  Cincinnati  and  Charleston  Rail 
Road. 

Resolved,  That  as  soon  as  the  surveys  of  the  said  Road  are  completed,  the 
Comptroller  General  is  directed  to  credit  and  settle  the  accounts  of  the  Com- 
missioners, for  surveying  said  Road,  under  the  direction  of  the  Legislature. 
Senate  concurred. 


Comptroller  Gene- 
ral to  settle  ac- 
counts of  Commis- 
sioners for  Survey- 
ing. 


No.  36. 


RESOLUTION— 1836.  p.  151. 

Resolved,  That  His  Excellency,  Governor  Butler,  of  Columbia,  T.  Bennett, 
commissioners       of  Charleston,  R.  G.  Mills,  of  Chester,  D.  L.  Wardlaw,  of  Abbeville,  General 

represent  the  Stock  ^ 

of  the  state.  Thomas  F.  Jones,  of  Laurens,  and  John  Chesnut,  of  Camden,  be  appointed 
Special  Commissioners,  to  represent  the  Stock,  which  the  State  of  South  Caro- 
lina has  authorized  the  Comptroller  General  to  subscribe  for,  in  the  Louisville, 
Cincinnati  and  Charleston  Rail  Road ;  that  a  majority  of  the  said  Commissioners 


ACTS    AND    RESOLUTIONS.  75 

be  authorized  to  vote  for  the  State,  at  any  election  or  meeting  of  Stockholders, 

*  .  Majority  may  ap- 

or  other  occasion,  on  which  a  vote  may  be  necessary;  and  that  the  said  Com-  point  a  proxy, 
missioners,  or  a  majority  of  them,  be  authorized,  on  any  such  occasion,  to 
delegate  their  powers  to  any  one  of  their  number,  or  to  appoint  an  Attorney 
or  Attorneys  under  them,  to  act  as  the  proxy  of  the  State. 

Ordered  to  the  Senate,  for  concurrence. 

Senate  concurred. 


JOINT  RESOLUTION— 1837.  p.  55.  No.  37. 


Resolved,  That  the  Honorable  Patrick  Noble,  of  Abbeville,  C.   Gr.   Mem- 
minger,  of  Charleston,  and  Thomas  Salmond,  of  Camden,  be  appointed  Com-  commu- 

missioners  to  represent  the  Stock  of  the  State  in  the  Louisville,  Cincinnati  and  310ner9" 
Charleston  Rail  Road  Company,  in  the  place  of  the  Hon.  D.  L.  Wardlaw, 
Thomas  Bennett,  and  John  Chesnut,  who  have  declined  serving. 


JOINT  RESOLUTION— EXTRA  SESSION,  June,  1838.  p.  21.  No.  38. 


Resolved,  That  His  Excellency  the  G  overnor,  and  the  other  Commissioners, 
appointed  by  the  State,  to  represent  her  interests  in  the  Louisville,  Cincinnati  ^appointap^xy!1 
and  Charleston  Rail  Road  Company,  be  each  authorized  to  appoint  a  proxy, 
when  he  cannot  attend  the  meetings  of  said  Company,  in  person. 


See  an  Act  to  lend  the  Credit  of  the  State,  to  secure  any  Loan  which  may      No.  39. 
be  made  by  the  Louisville,  Cincinnati  and   Charleston  Rail  Road  Company  other  Acts  referred 
and  for  other  purposes. — 1837.  ch.  13.  p.  35.  to" 

Amended,  1835.  ch.  11.  p.  34. 


76  ACTS   AND    RESOLUTIONS. 

An  Act  to  authorize  the  South  Western  Rail  Road  Bank,  to  establish 
Branches  and  Agencies  in  this  State. — 1838.  ch.  18.  p.  42. 

An  Act  to  authorize  the  President  and  Directors  of  the  Louisville,  Cincinnati 
and  Charleston  Rail  Road  Company,  to  increase  the  rates  of  Transportation 
on  the  Charleston  and  Hamburg  Rail  Road,  in  certain  cases,  and  to  grant  cer- 
tain Vacant  Lots  in  the  Town  of  Columbia. — 1838.  ch.  19.  p.  42. 


No.   40.         -^N    ACT   T0    AUTHORIZE    A    SUBSCRIPTION    IN  BEHALF    OF   THE    STATE,    TO    THE 

•  Sou  ni- Western  Rail  Road  Bank.— 1838.   Ch.  20.  p.  44. 


Sec.  1.  Be  it  enacted,  fyc.  That  the  Subscription  made  by  his  Excellency 
suta^tfon  to  *ne  Governor,  in  behalf  of  the  State,  for  ten  thousand  Shares  in  the  South- 
Bank  by  Governor.  ^eg£ern  j^ay  Roa<i  Bank,  be,  and  the  same  is  hereby  authorized  and  confirmed. 

Sec.  2.  The  Comptroller  General  is  hereby  authorized  to  draw  from  the 

Comptroller  to  »•«•«•     a  i 

from  i^nk11"1611'3  Bank  of  the  State,  the  amount  which  may  be  required  to  pay  the  mstalments 
due,  and  to  become  due,  upon  the  said  Subscription,  and  to  demand  and  receive, 
from  the  proper  Officers  of  the  Rail  Road  Bank,  the  usual  scrip,  certificates,  or 
receipts,  and  to  hold  the  same  for  and  on  account  of  the  State ;  and  the  Presi- 
dent and  Directors  of  the  said  Bank  of  the  State,  shall  make  such  arrangements 
as  they  shall  deem  expedient,  for  paying  the  said  drafts  of  the  Comptroller 

unless  Bank  be  of    General:  Provided,  In  case  the  President  and  Directors  of  the  Bankof  the 

wSmSimtmm**.  State  of  South  Carolina,  shall  be  of  opinion  that  they  cannot  advance  the  said 
funds  required  by  the  said  Subscription,  without  embarrassment  to  the  opera- 
tions of  said  Bank,  or  without  violating  the  faith  of  the  State,  pledged  in  "An 
Act  to  provide  a  Sinking  Fund  for  the  redemption  of  the  Six  Per  Cent.  Stock 
of  this  State,"  passed  in  the  year  of  our  Lord,  one  thousand  eight  hundred  and 
twenty- one,  and  pledged  in  subsequent  Acts,  for  the  redemption  of  all  the 

Thecomtrouerto  Stocks  subsequently  issued,  then,  and  in  that  case,  the  Comptroller  General  is 
required  to  issue  Stock  therefor,  on  the  part,  and  in  behalf  of  the  State,  bearing 
a  half  yearly  interest,  at  the  rate  of  five  per  cent,  per  annum,  and  redeemable 
at  the  end  of  twenty  years. 

Dividends  to  remain      Sec.  3.  The  dividends  which  shall  be  declared  by  the  South- Western  Rail 

in  Bank  to  meet  in-  .  /.•/-«      .lni-iii-ii  1        c~<  in 

staiments.  Road  Bank,  upon  that  portion  of  its  Capital  htock,  held  by  the  State,  shall 


issue  Stock. 


ACTS    AND    RESOLUTIONS  77 

remain  on  deposite  in  said  Bank,  as  a  fund  to  meet  further  instalments  upon 
the  said  Stock,  as  they  may  be  called  in,  and  shall,  for  that  purpose,  be  subject, 
with  any  interest  to  accrue  thereon,  to  the  draft  of  the  Comptroller  General:  troiiertoagreeasto 

x  interest. 

Provided,  Such  rate  of  interest  shall  be  allowed  on  the  same,  as  may  be  agreed 

upon  between  the  said  Bank  and  the  Comptroller  General.     And  provided  also,  Not  le3Sthan3per 

That  such  dividends,  so  deposited,  shall  in  no  instance,  draw  less  than  at  the  rate cent* 

of  three  per  cent,  per  annum. 

Sec.  4.  At  all  elections  or  meetings  of  the  Stockholders  of  the  said  Bank, 
the  Commissioners  now  acting,  or  hereafter  to  be  appointed,  under  a  joint  CommiS8'°^eto 
resolution  of  the  Legislature,  as  proxies,  in  the  Louisville,   Cincinnati  and 
Charleston  Kail  Road  Company,  or  a  majority  of  such  as  may  be  present,  shall 
act  as  proxies  of  the  State. 

Sec.  5.  The  bonus  to  be  paid  by  the  Bank  of  Charleston,  for  the  increase  Bonus  of  Bank  of 
of  its  Capital  Stock,  shall  be  paid  to  the  President  and  Directors  of  the  Bank 
of  the  State  of  South  Carolina,  and  may  be  by  them  applied  on  account  of  the 
Subscription  aforesaid. 


JOINT  RESOLUTION— 1838.  p.  160.  No.  41. 


Whereas,  the  State  of  South  Carolina  is  deeply  sensible  of  the  great  advan- 
tages, to  be  derived  by  the  people  of  the  various  States,  which  have  incorporated 
the  Louisville,  Cincinnati  and  Charleston  Rail  Road  Company;  and,  as  an 
earnest  of  her  own  determination  to  assist  in  accomplishing  the  great  work 
undertaken  by  this  Company,  has  pledged  towards  its  completion,  a  large  portion 
of  her  resources,  and  has  granted  Banking  privileges  to  the  Stockholders,  in  all 
the  States  of  Kentucky,  Tennessee,  North  and  South  Carolina.  And  whereas, 
it  is  deemed  of  essential  importance  to  the  final  success  of  the  work,  that  these 
privileges  should  be  confirmed,  and  that  co-operation  should  be  afforded  by  all 
the  States  through  whose  territories  the  Rail  Road  is  to  be  constructed,  and 
more  especially  by  the  State  of  Kentucky,  whose  products,  to  the  amount  of 
several  millions,  are  purchased  by  our  citizens,  and  whose  cordial  assistance 
would  insure  a  successful  accomplishment  of  the  enterprize. 

Be  it  therefore  Resolved,  by  the  Senate  and  House  of  Representatives  of 
the  State  of  South  Carolina,  That  the  Governor  be  authorized  and  requested, 


78  ACTS    AND    RESOLUTIONS. 

Soueiato°pTOceed  to  forthwith  to  appoint  a  Special  Commissioner  on  the  part  of  this  State,  to  proceed 
to  the  State  of  Kentucky,  for  the  purpose  of  making  such  explanations,  and 
taking  such  measures,  as  may  fully  apprize  the  public  authorities  of  that  State, 
of  the  great  interests  involved,  and  procure  if  possible,  thejr  aid  and  co- 
operation. 


SURPLUS  REVENUE. 


Extract  from 

No.  42.  "An  Act  to  provide  for  the  reception  and  disposition  of  so  much 
of  the  Surplus  Kevenue  of  the  United  States,  as  may  be  appor- 
tioned to  this  State,  under  the  act  of  Congress,  in  such  case 
made  and  provided." — Passed,  1836.  Ch.  10.  p.  45. 

Section  3.  That  the  Comptroller  General  be,  and  he  is  hereby  authorized 
comptroller  to  de-  and  required,  upon  receiving  any  portion  of  the  said  money,  forthwith  to  cause 
the  same  to  be  deposited  in  the  Bank  of  the  State  of  South  Carolina,  to  the 
he°baiAedupon!  °  credit  of  the  State ;  which  shall  not  be  considered  a  part  of  the  capital  of  said 
Bank,  but  shall  be  banked  upon  and  employed,  like  the  capital  of  said  Bank, 
according  to  the  usages  and  customs  of  the  Bank,  until  it  may  be  withdrawn 
by  requisition,  according  to  the  provisions  of  the  aforesaid  Act  of  Congress,  or 
otherwise  disposed  of  by  authority  of  law. 

See  Nos.  33.  34.  40. 


ACTS    AND    RESOLUTIONS.  79 

LOAN  FOR  RE-BUILDING  THE  CITY  OF 
CHARLESTON. 

Extract  from 

"  An  Act  for  Re-Building   the   City  of    Charleston." — Passed  June,      No.  43. 

1838.  Ch.  3.  p.  5.  . 

Sec.  3.  The  money,  when  realized  in  Charleston,  shall  be  deposited  in  the  <****•  in  Bank. 
Bank  of  the  State  of  South  Carolina,  and   shall  become  part  of  the  capital  capital, 
thereof. 

*  ^c  >k  *  *  * 

Sec.  10.  It  shall  be  the  duty  of  the  President  and  Directors  of  the  Bank 

1  CI  /•     CI  1         /I  1  •  1  •     •  1     Ballk  t0  Pr0V'de    for 

of  the  otate  of  oouth  Carolina,  to  make  proper  provisions  for  the  punctual  interest,  and  return 

r      x         *  i  of  principal. 

payment  of  the  interest  of  such  loans  as  may  be  effected  upon  the  credit  of  the 
State,  under  the  provisions  of  this  Act,  and  also,  for  the  ultimate  payment  of 
the  principal  thereof. 

Sec.  11.  It  shall  be  the  duty  of  the  President  and  Directors  of  the  Bank 
of  the  State  of  South  Carolina,  to  cause  to  be  opened  in  the  books  of  the  said 
Bank,  an  account,  in  which  they  shall  debit  themselves  with  the  profits  arising  count  with  Fund. 
out  of  the  additional  capital,  created  out  of  the  two  millions  loan  aforesaid,  for 
the  year  ending  on  the  first  day  of  October,  in  the  year  of  our  Lord,  one 
thousand  eight  hundred  and  thirty- nine,  and  with  all  the  future  profits  of  the 
said  loan,  as  the  same  shall  hereafter  be  annually  declared;  which  said  fund, 
with  its  annual  accumulations,  shall  be  considered  solemnly  pledged  and  set  Profits  pledged. 
apart  for  the  payment  of  the  interest  on  the  said  loan,  and  the  final  redemption 
thereof;  and  it  shall  be  the  duty  of  the  President  and  Directors  of  the  said  Annual  report  to 

^  Legislature. 

Bank,  annually,  to  report  to  both  Branches  of  the  Legislature,  the  exact  state 
of  that  fund. 

Sec  12.  When  the  profits  of  the  said  Bank  of  the  State  of  South  Carolina, 
shall  have  paid  the  interest  of  certain  Stocks,  and  redeemed  the  said  Stocks,  after 'redemption"  of 
for  which  they  have  heretofore  been  pledged  and  set  apart,  the  said  profits  shall  fo^ed  for'  ms 
also  be  considered  solemnly  pledged  and  set  apart,  for  the  payment  of  the  inter- 
est on  the  said  loan,  and  the  final  redemption  thereof. 

See  An  Act  to  amend  an  Act  for  Re-building  the  City  of  Charleston. — 
1838.  Ch.  17.  p.  40. 


80  ACTS   AND   RESOLUTIONS. 

THE  BANK  OF  THE  STATE  OF  SOUTH 
CAROLINA. 

Extract  from 
No.  44.      "An  Act  to  establish  a  Bank  on  behalf  of,  and  for  the  benefit  of  the 


State."— 1812.  p.  47. 

Page  51.  13th.  The  Directors  shall  keep  fair  and  regular  entries,  in  a  book 
to  be  provided  for  the  purpose,  of  their  proceedings ;  and  on  any  question,  when 
two  Directors  require  it,  the  yeas  and  nays  of  the  Directors  voting  shall  be  duly 
inserted  in  their  minutes,  and  those  minutes  be  at  all  times,  on  demand,  pro- 
bS^SSSnT*  duced  to  the  Legislature,  or  any  Committee  thereof,  who  may  be  legally  author- 
ized to  require  the  same. 

*  *  *  *  *  *  * 

Pare  56.  That  the  Legislature  of  the  State  shall  be  furnished  with  a  general 

Legislature  to  have  °  ° 

general  statement,    statoment  of  the  transactions  of  the  Bank,  signed  by  the  Cashier,  and  counter- 
signed by  the  President,  as  often  as  they  may  require  the  same ;  and  it  shall  also 
comptroller  Gener-  be  the  duty  of  the  Comptroller  General  to  inspect  such  general  account,  in 

al  to  inspect  ac- 

atTreport  v?oia-45]  tne  books  of  the  Bank,  as  often  as  he  may  please ;  and  it  shall,  and  it  is  hereby 
tions  to  Legislature.  declared  to  be  hig  duty>  faithfuHy  to  report  all  and  every  violation  of  the  funda- 
mental rules  of  this  corporation,  to  the  Legislature.  Provided,  however,  That 
nothing  in  this  clause  contained,  shall  imply  a  rigid  of  inspecting  the  account 
of  any  private  individual  or  individuals,  or  any  body  politic  or  corporate,  with 
the  Bank. 

See  No.  47,  p.  67. 


ACTS   AND    RESOLUTIONS.  81 


Extract  from 


''  An  Act  to  explain  and  amend  an  Act  entitled  '  An  Act  to  establish  a       Nq 
Bank  on  behalf  of  and  for  the  benefit  of  the  State." — 1813  .p.  33. — 


Page  34.  That  from  and  after  the  passing  of  this  Act,  the  Legislature  shall  £resi<1,JI1t  and  12 

°  i  O  >  to  Directors  to  he 

annually  elect,  by  joint  ballot  of  both  branches,  a  President  and  twelve  Direct-  blfnot!1  by  joint 
ors,  whose  services  shall  commence  on  the  first  day  of  February  next  ensuing 
such  election,  and  continue  for  one  year. 

See  No.  48,  p.  67. 

Page  35.     That  the  Comptroller  General  shall  be  furnished,  as  often  as  he  comptroller  Gener. 

alto  have  state- 
may  require,  not  exceeding  once  a  month,  with  statements  of  the  amount  of  the  ments  monthJy- 

capital  stock  of  the  Bank,  and  of  the  debts  due  to  the  same — of  the  monies  de- 
posited therein — of  the  notes  in  circulation,  and  of  the  cash  in  hand ;  and  he 
shall,  under  the  injunction  of  secrecy,  have  a  right  to  inspect  all  the  accounts  secrecy. 
and  books  of  the  Bank :  * Provided,  that  this  right  shall  not  be  construed  to  *See  No,  47_ 
imply  a  right  of  inspecting  the  account  of  any  private  individual  or  indivi- 
duals, with  tlie  Bank.  And  it  shall  be  the  duty  of  the  said  Comptroller  General  comptroller  to 

i  i       x        •  i  i  i  •  f     1       t»  make  annual  report 

to  make  an  annual  report  to  the  Legislature,  on  the  sumect  01  the  Bank;  and  to  the  Legislature 

r  ©  J  -  on  Bank ;  and  may 

if,  in  his  opinion,  the  transactions  of  the  Bank,  or  any  particular  circumstance  c^mmute^ofcx- 

iUnination. 

relating  thereto,  shall  require  it,  he  shall  apply  to  the  House  for  a  Select  Com- 
mittee of  three  Members,  to  be  appointed,  who  shaU,  under  a  like  injunction  of 
secrecy,  take  into  consideration  any  matters  relating  to  the  said  Bank,  submitted 
to  them  by  the  Comptroller  General,  and  report  thereon,  at  their  discretion,  to 
the  Legislature. 

That  the  Comptroller  General  for  the  time  being,  shall  not  be  a  Director,  nor  comptroller  Gener- 
al not  a  Director  or 

hold  any  office  of  trust  or  profit,  in  or  under  any  Bank  whatsoever.  offlcer  fo»»yBank, 


11 


82 


ACTS    AND    RESOLUTIONS. 


Extract  from, 


No.  46. 


"An  Act  to  alter  and  amend  an  Act  entitled  'An  Act  to  establish  a 
Bank  on  behalf  of  and  for  the  benefit  of  the  State.'  " — 1817.  p.  25. 


comptroller  Gener-      Sec.  2.  That  the  Comptroller  for  the  time  being  shall  be,  and  he  is  hereby 

al  to  nave  access  to         ,<•        •       -.        <•  -,  ii  •    i  ji  i-  •      j« 

»u  the  books  and     authorized,  whenever  he  may  think  proper,  to  nave  access  to,  tor  examination, 

accounts  except 

VSumutf*'      a^ tne  Books  and  Accounts  of  the  Bank  of  the  State,  ^except  the  personal  ledger 
or  book  in  which  the  deposites  of  individuals  are  entered. 


No.  47.     An  Act  to  amend  the  Charter  of  the  Bank  of  the  State  of  South- 

Carolina— 1824.  Ch.  20.  p.  69. 


Committees  of  In- 
spection. 


To  examine  and  re> 

?ort:  withComp- 
roller  General. 


In  absence  ofl 
Comptroller  Gen- 
eral. 


All  clauses  prohibit 
ing  full  investiga- 
tion, repealed. 


Sec.  1.  Be  it  enacted,  fyc.  That  there  shall  be  appointed,  at  the  first  session 
of  every  new  Legislature,  by  a  joint  resolution  of  both  branches  of  the  Legisla- 
ture, a  Committee  of  Inspection  for  the  principal  Bank  of  the  State  of  South- 
Carolina,  in  Charleston,  and  a  Committee  for  each  of  the  said  Branches  of  said 
Bank.     The  said  Committees  shall  respectively  consist  of  five  persons  each. 

Sec.  2.  It  shall  be  the  duty  of  the  several  Committees,  with  the  Comptroller 
General,  to  examine  minutely  into  the  affairs  and  situation  of  the  principal 
Bank  and  its  Branches,  for  which  they  are  respectively  appointed,  and  to  report 
to  the  Legislature,  at  their  next  session,  the  result  thereof,  and  particularly  all 
mismanagement  in  the  affairs  of  the  said  Bank  or  its  Branches,  if  any  such  have 
occurred. 

Sec  3.  That  in  case  the  Comptroller  General  should  not  attend  at  any  of 
the  investigations  authorized  by  this  Act,  the  said  Committees,  or  a  majority  of 
each,  shall  be,  and  they  are  hereby  authorized  to  make  such  investigation,  in 
the  absence  of  the  Comptroller  General. 

Sec  4.  That  all  clauses  or  parts  of  clauses  in  any  Act  of  the  General  Assem- 
bly of  this  State,  which  may  prohibit  the  said  Committee  and  the  Comptroller 
General,  from  investigating,  fully,  the  books,  accounts,  and  other  documents  of 
the  said  Bank  or  its  Branches,  be,  and  the  same  is  hereby  repealed. 


ACTS   AND    RESOLUTIONS.  83 


Extracts  from 

An  Act  concerning  the  Bank  of  the  State  of  South-Carolina. — Passed       No.  48. 
1831.     Ch.  31.  p.  49.  

Sec.  1.  That  from  and  immediately  after  the  passing  of  this  Act,  all  Direct-  Directors  to  take 

*•  °  seats  immediately 

ors  who  may  be  chosen  by  the  Legislature,  to  serve  in  the  Parent  Bank,  shall  S5JSS5T* 

take  their  seats  and  become  members  of  the  said  Board,  as  soon  after  the  rising 

of  the  Legislature,  as  they  shall  be  notified  of  their  appointment ;  and  that  it  president  to  give 

notice. 

shall  be  the  duty  of  the  President  to  give  the  information  by  the  earliest  mode 
of  conveyance. 

*  *  *  * 

Sec.  5.  That  it  shall  bo  the  duty  of  the  President  to  lay  before  the  Legisla-  fc™tnoVeVeTrt 

.     .  ,  /.  i      •    -i       rv  i     i         •  »i      salaried  officer. 

ture,  at  every  sitting,  the  account  ot  every  salaned  officer  belonging  to  the 
Parent  Bank  or  its  Branches,  shewing  the  amount  which  they  owe,  and  how       m 
long  the  same  has  been  due. 


JOINT  RESOLUTION— 1823.     p.  116.  No.  49. 


Resolved,  That  it  shall  be  the  duty  of  the  President  of  the  Bank  of  the  State  President  to  attend 
of  South-Carolina,  to  attend  at  Columbia,  during  each  and  every  session  of  the 
Legislature,  for  the  purpose  of  giving  such  information  relating  to  that  institu- 
tion, as  may  be  required  of  him. 


JOINT  RESOLUTION— 1825.     p.  113.  No"  50' 


Resolved,  That  at  each  session  of  the  Legislature,  a  Joint  Committee  of  the  committee  to  no- 

minate  Directors. 

two  Houses  shall  be  appointed  to  nominate  fit  and  suitable  persons  as  Directors 
of  the  Bank  of  the  State  of  South- Carolina ;  and  the  names  of  persons  recom- 


i 


84  ACTS   AND    RESOLUTIONS. 

mended  by  them,  shall  be  reported  as  early  as  possible  in  the  session,  for  the 
consideration  of  the  Members — at  least  six  days  before  the  election. 

Resolved,  That  the  Committee  appointed  by  the  Legislature,  to  examine  the 
state  of  the  Bank  and  its  Branches,  shall  be  Members  of  the  Joint  Committee, 
to  which  such  other  Members  of  each  Branch  of  the  Legislature  shall  be  added, 
as  the  Houses  respectively  shall  deem  expedient. 


Extract  from 

No.  51.     An  Act  to  re.charter  the  Bank  of  the  State  of  South-Carolina. - 
— —*-r-  1833.     Ch.  17.  p.  57. 


Charter    continued 


That  an  Act  entitled  "An  Act  to  establish  a  Bank  in  behalf  of  and  for  the 
benefit  of  the  State,"  passed  19th  December,  1812,  and  all  other  Acts  now  of 
force,  relating  to  the  conduct  and  operations  of  the  said  Bank,  be,  and  they  arc 
hereby  re- chartered  and  continued  of  force,  until  the  1st  day  of  May,  in  the 


until  1st  May,  1856.  y(jar  rf  ^  Lor(j  jggg 


„.     Kn  JOINT  RESOLUTION  APPENDED  TO  REPORT— 1838.    p.  117. 

No.  52.  r 


Resolved,  That  the  President  and  Directors  of  the  Bank  of  the  State  of 
Bank  to  preserve  at  South- Carolina  be  authorized  and  requested  to  take  such  measures,  as  in  their 

Sar  bills  of  other 
■•*  judgment  may  be  deemed  proper,  to  preserve  at  par,  throughout  the  State,  the 

bills  which  may  be  issued  by  any  Bank  within  its  limits. 


ACTS    AND    RESOLUTIONS.  85 

See  Resolution  as  to  Gen.  Sumter,  1827.  p.  37.  Referenceg 

"     Columbia  Female  Academy,  -  1833.  p.  12. 

,"     Gen.  M'Duffie,  -  -  -     1837.  p.  56. 

"    Report  to  the  Comptroller  General,  -  -  1834.  p.  2. 

And  other  Acts  concerning  the  Bank. 

1816.  p.  19.  1817.  p.  24. 

1818.  p.  43.  1818.  p.  57. 

1826.  p.  21.  1827.  p.  38. 

1832.  p.  8.  1837.  p.  17. 

Surplus  Revenue,  Nos.  42,  33,  34. 
Loan  to  Charleston  and  Cincinnati  Rail  Road,  No.  39. 
Subscription  to  South- Western  Rail  Road  Bank,  No.  40. 
Loan  for  re-building  Charleston,  No.  43. 


1814. 

P- 

20. 

1818. 

P- 

24. 

1822. 

P- 

44. 

1830. 

P- 

29. 

COMPTROLLER   GENERAL. 

Extracts  from  an  Act  passed  1801,  entitled 
"An  Act  to  establish  the  office  op  Comptroller  General,  to  provide       No.  53. 


for  the  more  punctual  collection  of  taxes  and  debts  due  to  the 
State,  and  for  the  better  administration  of  the  public  revenue." — 
2  Faust,  p.  422. 

• 

Sec.  1.  The  Comptroller  "  shall  prepare,  and  report  at  every  session  of  the  ComptroUer  to  re. 
Legislature,  estimates  of  the  public  revenue  and  public  expenditure ;  and  shall  estimates.08"3 
at  the  same  time  render  fair  and  accurate  copies  of  all  the  Treasurer's  monthly  Copies  of  ^^^ 
reports,  and  a  true  and  accurate  account  of  the  actual  state  of  each  Department  port™0"   yre" 
of  the  Treasury;  and  the  books  of  the  Treasurers  of  this  State  shall,  at  all  Books  of  Treasurers 
seasonable  times,  be  open  to  the  inspection  and  examination  of  the  said  Comp-  °pen 
troller ;  as  shall  also  the  books  and  accounts  of  all  other  person  or  persons  And  of  aii  others 
concerned  in  the  collection  or  safe  keeping  of  any  of  the  public  monies  or  funds  uc  money. 
of  this  State. 


86  ACTS   AND    RESOLUTIONS. 

rlBWiwifc1?       ^'  "^ne  sa^  Comptroller  shaH  perform  the  duties  of  the  Commissioner  of 

Public  Accounts,  as  heretofore  performed  by  the  Treasurer,   at  Charleston, 
BwMtrtOrt— M«  besides  the  duties  aforesaid  prescribed,  and  shall  reside,  during  the  sitting  of  the 

Legislature,  at  Columbia. 
Accounts  to  be  sent      9.  "All  accounts  against  the  State,  shall  be  transmitted  to  one  of  the  Trea- 
reported  by'comp.  surers,  who  shall  send  them  to  the  Comptroller,  on  or  before  the  first  day  of 
see  No.  64.  October  in  every  year;  and  it  shall  be  the  duty  of  the  Comptroller  to  examine 

the  said  accounts,  and  transmit  them  to  the  Legislature,  with  his  report,  as  soon 

as  may  be,  after  the  commencement  of  their  session. 
Elected  by  Legisia-  g.  "  The  said  Comptroller  shall  be  elected  by  both  branches  of  the  Legisla- 
commissioned.  ture  of  this  State,  shall  be  commissioned  by  the  Governor,  for  the  tune  being, 
commence  ist  of  shan  commence  the  duties  of  his  office  from  the  first  day  of  March  next  ensuing 
see  No.e7iT°ye  '  his  election,  and  shall  continue  in  office  for  two  years  from  that  time. 
Jwountifare  u^S  I2-  "  No  former  Treasurer,  whose  accounts  have  not  been  settled  under  the 
cligiwe.    °         inspection  of  the  Comptroller,  shall  be  eligible  to  the  office  of  Comptroller." 


Extracts  from 

No.  54.  An  Act  entitled  "An  Act  supplementary  to  an  Act  entitled  an  Act 
for  declaring  the  powers  and  duties  of  the  enquirers,  assessors, 
and  Collectors  of  the  Taxes,  and  of  other  persons  concerned 
therein."— Passed  1803.     2  Faust,  p.  486. 


comptroller  to  can      ^ec.  &  P-  4^8.  That  the  Comptroller  General  be,  and  he  is  hereby  author- 
ofPubuTBuiTd'ings,  ized  and  required,  publicly  to  call  upon  the  Commissioners  in  the  several 

and  report  to  Legis- 
lature. Districts  throughout  this  State,  who  have  received,  or  shall  hereafter  receive, 

see  No.  79.  monies  for  the  construction  and  repairs  of  public  buildings,  and  the  Commis- 

seeNos.  59,64,60,  sioners  of  Columbia,  to  render  an  account  to  him  of  the  application  of  such 

monies ;  which  accounts  shall  be  annually  laid  before  the  Legislature. 

Vide  Acts  1807.  p.  16;  1808.  p.  15. 

salaries  payable         30.  p.  496.  That  it  shall  be  the  duty  of  the  Treasurers  to  pay  the  salaries  of 
all  public  officers  on  the  civil  list,  quarterly,  and  not  earlier. 


ACTS   AND   RESOLUTIONS. 


s7 


31.  p.  497.  That  it  shall  be  the  duty  of  the  Treasurers,  and  they  are  hereby  fig*^  jfjg 
directed,  personally,  to  raise  an   account  in  the  Treasurer's  books,   in   every  aPPr°PMtlon- 
instance,  for  the  several  appropriations  made  by  the  Legislature,   so  that  the  see  No.  64. 
appropriations  of  money,  and  applications  thereof,  conformably  thereto,  may 
appear  clearly  and  distinctly,  on  the  Treasury  books. 

12.  p.  490.  That  it  shall  be  the  duty  of  the  Treasurer  to   report  to  the  Bag**"** 
House,  at  their  annual  session,  every  instance  of  default  in  any  Tax  Collector,  in  CoUector- 
his  Division,  and  to  instruct  the  Attorney  General,  or  Solicitors,  respectively,  to  ftj^Jffigff 
prosecute  such  defaulters,  as  soon  as  any  instance  of  default  shall  occur.     And  or3. 

Use  means  to  com- 

E  " 


it  shall  be  the  duty  of  the  said  Treasurers,  respectively,  strictly  to  enforce  the  gfgg"^ 
means  which  they  are  by  law  authorized  to  make  use  of,  to  compel  the  Tax  ormanoe  ° 


Collectors  to  the  due  performance  of  their  duties,  And  any  Treasurer,  failing  to 
make  use  of  such  means,  he  shall  be  held  liable  to  make  good  any  loss  which  the  penalty. 
State  shall  sustain  thereby. 


Extract  from  the 
Act  to  Raise  Supplies  por  1813. — 1813,    p,  14,  No  55# 


It  shall  be  the  duty  of  the  Commissioners  of  Poor  and  of  the  Roads,  in  the  commissioners  of 

"  Poor  and  Roads. 

several  Districts  and  Parishes  within  this  State,  by  their  Secretary  or  Treasurer,  commissioners    of 
to  render,  on  oath,  to  the  Clerks  of  the  Circuit  Courts,  in  their  respective  Dis-  missioned  of  Roads 

■  to  render  accounts 

tricts,  on  or  before  the  first  Monday  in  September,  in  every  year,  a  correct t0  Clerks' 

account  of  all  monies  by  them  received,  and  the  manner  in  which  the  same 

have  been  applied ;  and  it  shall  be  the  duty  of  the  Clerks  of  the  said  Courts,  cierks  to  Attorney 

General.  a 

respectively,  to  transmit  certified  copies  thereof,  to  the  Comptroller  General,  to 

be  by  him  laid  before  the  Legislature.     And  in  case  the  Commissioners  shall  He  to  Legislature. 

fail  to  make  their  returns,  as  required,  aforesaid,  *they  shall  respectively  as  a*  see  No.  54. 

Board,  forfeit  and  pay  the  sum  of  one  hundred  dollars ;  and  the  Clerks  of  the  penalty. 

aforesaid  Courts  shall,  on  failure  to  make  the  aforesaid  returns,  also  forfeit  and 

pay  the  sum  of  one  hundred  dollars ;  the  aforesaid  penalties  to  be  recovered  in 

any  Court  of  Law,  having  competent  jurisdiction,  by  action  of  debt.     And  it 

shall  be  the  duty  of  the  Attorney  General  and  Solicitors,  in  their  respective  »"?  solicitors  to  in- 

*  »  '  r  quire  of  Clerks  and 

Circuits,  to  enquire  of  the  Clerks  of  the  respective  District  Courts,  whether  comptwuer  cener- 


88  ^  ACTS   AND    RESOLUTIONS.  — 

the  aforesaid  Commissioners  of  the  Poor,  and  Commissioners  of  the  Roads, 
have  made  their  returns  to  the  Clerks,  as  aforesaid,  and  enquire  of  the  Comp- 
troller General,  whether  the  Clerks  of  the  respective  Courts,  have  made  the 
returns  ahove  required ;  and  in  case  the  Commissioners  and  Clerks,  as  aforesaid, 
have  not  made  their  returns  as  above  directed,  then  the  Attorney  General,  or 
Solicitor,  as  the  'case  may  be,  is  hereby  directed  and  required  to  sue  for,  and 
recover,  in  behalf  of  the  State,  the  penalty  which  is  by  this  Act  declared. 


y.  Extract  from  the 

No.  56.  Act  to  Raise  Supplies  for  1818. — 1818.   p.  6 


>►' 

It  shall  be  the  duty  of  the  Commissioners  of  Roads  and  Poor,  in  the  several 

to  be  elected,  and  to  Districts  and  Parishes  in  this  State,  at  their  next  general  meeting,  to  elect 

make  returns.  ,  ° 

some  person  as  Treasurer,  who  shall  enter  into  bond,  with  securities,  to  be 
approved  by  a  majority  of  the  Commissioners  of  each  District  or  Parish,  pay. 
able  to  the  State  of  South  Carolina,  in  such  penal  sum  as  the  said  Commis- 
sioners of  the  Roads  and  Poor,  shall  deem  sufficient,  for  the  faithful  discharge 
of  the  duties  of  his  office ;  which  bond  shall  be  deposited  in  the  Treasury  of 
the  Division  in  which  the  said  Treasurers  may  respectively  reside ;  and  it  shall 
be  the  duty  of  the  said  Treasurers,  to  return  to  the  Clerks  of  the  Courts,  in 
which  they  respectively  reside,  an  account  of  all  monies  due  to  the  Commis- 
sioners, for  whom  they  are  Treasurers,  as  well  as  an  account  of  the  receipts 
and  expenditures,  at  the  same  time  and  in  the  same  manner  as  the  said 
Commissioners  are  now  by  law  required :  and  for  neglect  of  this  duty,  shall  be 
liable  to  the  same  pains  and  penalties,  to  which  the  said  Commissioners  are  now 
by  law  liable.  And  the  said  Treasurers  shall,  respectively,  have  and  receive 
for  their  trouble,  two  and  a  half  per  cent,  on  all  sums  received,  and  two  and  a 
half  per  cent,  on  all  sums  paid  away  by  them. 


ACTS    AND    RESOLUTIONS. 


89 


Extract  from  the 
Act  to  Raise  Supplies  ior  1813. — 1813.  p.  16.  ^0.  s7< 


Fines. 

It  shall  be  the  duty  of  the  Attorney  General,  and  each  of  the  Solicitors  of  Attorney  andSoIic. 
the  different  Circuits,  to  certify  to  the  Comptroller  General,  on  or  before  the  tocomptroue? Gen- 
first  Monday  in  October,  in  every  year,  the  fines  and  forfeitures  which  have 
been  had  or  inflicted  %  the  Courts  upon  his  Circuit,  within  the  year,  next 
preceding  the  day  aforesaid ;  and  that  it  shall  be  the  duty  of  each  of  the  Clerks  cJmptroUCT^ne" 
of  the  several  Circuit  Court  Districts,  to  return  to  the  Comptroller  General, ra  accoun  ° 
on  or  before  the  same  day,  in  every  year,  an  account,  upon  oath,  of  all  the  fines 
and  forfeitures  inflicted,  had  or  received  within  his  District  Court,  of  the  manner 
how  appropriated,  or  remitted,  *and  to  pay  over  to  the  Treasurer  of  the  State,    ** 
tJie  balance  in  hand  on  that  day ;  that  in  failure  of  any  Clerk,  to  render  such  Penalty  on  cierk. 
account,  he  shall  forfeit  and  pay  the  sum  of  two  hundred  dollars,  to  be  recovered 
*  in  any  Court  having  competent  jurisdiction.     And  it  shall  be  the  duty  of  the 
Comptroller  General,  to  direct  the  Attorney  General  or  Solicitors,  as  the  case  S&2£5u*»gE 
may  be,  to  sue  for  and  recover  the  said  sum,  of  such  Clerk  as  shall  fail  to  render 
such  account. 

The  said  Attorney  General  or  Solicitors,  neglecting  to  perform  the  duty  ^0^0fcito^ense^ 
required  by  the  preceding  clause,  they  shall  be  subject  to  the  penalty  of  one ject  t0  peualty- 
hundred  dollars,  to  be  recovered  in  any  Court  having  competent  jurisdiction. 

See  similar  clauses  in  Acts  to  Raise  Supplies,  1810,  1809,  1808,  and 
clauses  directing  Clerks  to  collect  Fines,  and  render  an  Account,  in  Acts  to 
Raise  Supplies,  1820,  1821,  and  1822 :  8. 


Extract  from  the 

M  ' 
Act  to  Raise  Supplies  for  1812. — 1812.  p.  12.  No.  58. 


Transient  Poor. 

That  the  Comptroller  General  be,  and  he  is  hereby  required  and  directed,  comptroller  Genc- 
annually  to  call  on  the  Treasurer  of  the  City  Council  of  Charleston,  to  render 

*  Fines  directed  to  be  paid  to  the  Commissioners  of  Public  Buildings.    Act  1827.  p. 
34.    See  No.  77. 
12     ' 


90 


ACTS   AND    RESOLUTIONS. 


appropriation     for 
Pransient  Poor. 


report  account  of an  account,  on  oath,  of  the  application  of  such  monies  as  are  appropriated  for 
the  Transient  Poor,  and  for  other  purposes,  and  that  the  account,  so  rendered, 
be  laid  before  the  Legislature.  ^* 

See  similar  clause  in  Acts  to  Raise  Supplies,  for  many  years  preceding 
1812,  and  clauses  in  late  Appropriation  Acts,  requiring  an  account  from  the 
City  Council  of  Charleston,  to  the  Legislature,  and  similar  clauses  concern- 
ing the  Appropriations  of  the  Transient  Poor  of  Georgetown,  requiring 
accounts  to  be  rendered  to  the  Legislature,  by  the  Commissioners  of  the  Poor 
for  Prince  George,  Winy  aw. 


No.  59. 


Extract  from, 
Act  to  Raise  Supplies  fob  1818. — 1818.  p.  5. 


Debts  of  State. 
Treasurers,  Attor- 
ney General  and  So- 
licitors, and  others, 
to  report  to  Comp- 
troller General,  all 
debts  due  to  State. 


Comptroller  Gene- 
ral to  report  general 
statement  to  Legis- 
lature. • 


See  No.  64. 


Penalty  on  Officers. 


It  shall  be  the  duty  of  the  Treasurers  of  the  Upper  and  Lower  Divisions, 
the  Attorney  General,  the  Solicitors,  the  Commissioners  of  Columbia,  and  every 
other  person  having  in  his  possession  the  evidence  of  any  debt  due  to  the  State, 
on  the  first  day  of  October  in  every  year,  to  furnish  the  Comptroller  General 
with  a  statement  of  all  debts  due  to  the  State,  in  their  several  possessions, 
shewing  the  names  of  the  debtors,  the  amount  of  debt,  the  interest,  the  pay- 
ments made,  and  the  balance  due  to  the  State :  from  which  statements,  as  well 
as  any  other  information  he  can  obtain,  it  shall  be  the  duty  of  the  Comptroller 
General  to  make  a  general  statement,  shewing  alimonies  due  to  the  State, 
(except  the  old  bonds  given  for  confiscated  property,)  and  lay  the  same  before 
the  Legislature,  with  his  annual  report :  and  should  either  of  the  officers  above 
mentioned,  fail  to  furnish  the  Attorney  General  with  the  statement  above 
required,  he  shall  forfeit  and  pay  the  sum  of  two  hundred  dollars,  to  be  reco- 
vered by  action,  in  any  Court  of  Law  in  this  State,  having  competent  juris- 
diction. 


ACTS    AND    RESOLUTIONS.  91 

JOINT  RESOLUTION— 1826.  p.  46.  No.  60. 

Resolved,  That  it  be  required  of  the  Comptroller  General,  to  report,  annu-  comptroller  Gene- 

L  ral  to  report  all  de- 

ally,  to  this  House,  all  Public  Officers,  Commissioners,  and  other  persons  who  faulting  receivers. 
may  have  received,  on  behalf  and  in  the  name  of  the  State,  any  monies  or 
evidences  of  debts,  &c,  and  not  accounted  therefor,  to  his  satisfaction,  before  gee64)59)61. 
the  meeting  of  the  Legislature,  to  the  end  that  such  proceeding,  by  way  of 
impeachment  or  prosecution,  as  circumstances  may  require,  may  be  had  therein, 
without  delay. 


JOINT  RESOLUTION— 1827.  p.  42.  No  61 


The  Special  Joint  Committee  of  this  House,  appointed  at  the  last  Session  of 
the  Legislature,  who  were  directed  to  inquire  into  the  propriety  and  expediency 
of  making  such  alterations  in  the  duties  of  Comptroller  General,  as  may  be 
adapted  to  the  better  and  more  economical  collection  and  disbursements  of  the 
revenue  of  the  State,  beg  leave  to  report  the  following  Resolutions. 

1.  Resolved,  That  it  shall  be  the  duty  of  the  Comptroller  General,  to  present  comptroller  to  re- 
to  the  Legislature,  at  every  Session,  a  scheme  of  Revenue  for  the  ensuing  year;  Rmnue!0 

and  to  suggest  all  such  means  in  the  collection  and  disbursements  of  the  reve- 
nue, as  may  increase  the  amount  to  be  raised,  and  diminish  the  expenses  of 
collection. 

2.  Resolved,  That  all  the  public  officers,  corporations  and  other  persons,  see  No.  64. 
charged  with  the  receipt  and  expenditure  of  public  money,  do  return  their 
accounts  and  vouchers  to  the  Comptroller  General,  on  or  before  the  first  day  of 
November,  annually.     And  that  it  shall  be  his  duty  to  accompany  his  annual  Su?^  officers,  cor'- 
reports,  with  a  statement  of  all  public  officers,  corporations,  and  other  persons 

who  make  default  in  the  returns  herein  required. 

3.  Resolved,  That  no  account  shall  hereafter  be  submitted  to  the  Committee  Audit  ^.j  report 
of  Accounts,  unless  it  shall  be  duly  audited  and  reported  by  the  Comptroller  StmuM. 
General. 

4.  Resolved,  That  the  Contingent  Accounts  of  the  Lower  Division,  acted  „  „ 

°  '  Contingent  ac- 

upon  by  the  Legislature,  shall  be  filed  in  the  Comptroller's  Office,  in  Columbia.  £&■.     L°Wer 


92  ACTS  AND    RESOLUTIONS. 

system  of  Book-  5.  Resolved,  That  the  Comptroller  General  be  authorized  and  directed,  to 
establish  such  a  system  of  Book  Keeping,  in  the  Treasuries  of  the  Upper  and 
Lower  Divisions,  and  to  designate  such  forms  of  their  monthly  reports,  as  he 
shall  deem  necessary. 

6.  Resolved,  That  the  Comptroller  General  be  directed  to  accompany  his 

Report  Balance  '■'    * 

sheets.  annual  reports  to  the  Legislature,  with"  an  accurate  balance  sheet  of  all  specific 

appropriations  made  by  the  Legislature,  with  such  remarks  as  are  necessary  to 
explain  the  same.     And  that  he  be  also  directed  to  report,  at  each  session  of 

see  No.  64.  the  Legislature,  for  the  use  of  its  Committees,  balance  sheets  of  the  several 

accounts  opened  in  the  Treasury,  or  in  his  Department,  under  each  of  the  fol- 
lowing heads,  viz : — Free  Schools,  Annuities  and  Pensions,  Public  Buildings, 
Internal  Improvements. 

Treasurers  to  fur-  7.  Resolved,  That  the  Treasuries  of  the  Upper  and  Lower  Divisions,  be 
scnp  ,  c.  ^ected,  from  time  to  time,  to  furnish  the  Comptroller  General  with  such  tran- 
scripts and  statements  of  accounts,  as  he  may  require. 

toeswere'couected  ^'  Reso^ve^>  That  the  Comptroller  General  be  directed,  in  his  annual  report 
of  taxes  collected,  to  designate  the  years  for  which  the  same  may  have  been 
collected. 


No#  62  JOINT  RESOLUTION— 1829.  p.  25. 


The  Special  Committee,  to  whom  was  referred  the  report  of  the  Comptroller 
General,  founded  on  a  resolution  of  the  Senate,  in  relation  to  the  apparent 
decrease  of  slaves,  and  the  amount  of  tax  on  slaves,  for  the  years  1825  and 
1826,  report: 

That  from  the  Comptroller's  exhibits,  it  would  appear,  that  in  1825  and  1826, 
a  diminution  in  the  number  of  slaves,  of  33,856,  and  in  the  amount  of  tax  on 
that  description  of  property,  of  $25,397  25  cents,  had  occurred.  In  the  years 
alluded  to,  the  whole  tax  on  slaves  was  not  placed  in  the  appropriate  column, 
but  a  part  was  blended  with  the  aggregate  of  taxes,  and  the  slaves  in  the 
Districts  in  which  their  owners  did  not  live,  were  not  mentioned.  Hence, 
although  the  State  seems  to  have  been  credited  with  the  full  tax  due  by  our 
citizens,  for  those  years,  yet,  without  the  explanation  afforded  by  the  Comp- 


ACTS   AND    RESOLUTIONS.  93 

troller,  in  bis  late  annual  exhibit,  and  in  the  report  referred  to  your  Committee, 
the  conclusion  would  have  been  inevitable  that  the  State  had  actually  sustained 
the  loss  already  adverted  to. 

With  a  view  to  a  more  correct  exposition  of  the  taxable  property  in  the 
various  sections  of  the  State,  your  Committee  beg  leave  to  recommend,  that  the 
Comptroller  be  requested  so  to  shape  his  reports  hereafter,  as  that  the  number  shape  of  report  as 

to  number  of  slaves. 

of  slaves  in  each  Parish  or  District,  and  the  amount  of  tax  on  slaves,  for  which 
such  Parish  or  District  is  liable,  may  be  correctly  ascertained. 


JOINT  RESOLUTION— 1829.  p.  52.  No.  63. 


Resolved,  That  the  Comptroller  General  be,  and  he  is  hereby  required,  to  use  comptroller  Gener- 
r  j      i  al  to  coUect  bal. 

all  legal  measures  to  recover  the  balances  due  to  the  State,  by  the  past  and  Kre'sheriil ^a 
present  Tax  Collectors,  Sheriffs,  and  Coroners,  except  in  cases  in  which  the  said 
Comptroller  shall  be  satisfied  that  a  recovery  is  impossible,  cither  by  the  insol- 
vency of  the  parties  and  their  securities,  or  otherwise. 


ACTS  OP  1834.  Ch.  21.  p.  49. 
An  Act  to  regulate  the  office  of  Comptroller  General.  pj0>  64# 


Sec.  1.  Be  it  enacted,  fyc.  That  the  Comptroller  General   shall  hereafter  Books  to  be  kept  by 

•i  nti  i  -i  •   •  i  Comptroller. 

keep  a  set  of  books,  exhibiting  the  separate  transactions  of  the  Treasury  Depart- 
ment, which  set  of  books  will  be  a  transcript  of  the  books  of  the  two  Treasuries, 
combined  in  one  digested  set,  constituting  a  complete  check  upon  those  offices. 
Sec.  2.  The  Comptroller  General,  in  addition  to  the  exhibits  of  cash  trans- 
actions of  the  Treasuries,  shall  annually  report  to  the  Legislature  a  balance  ^*{£rtbaIancc 
sheet  of  the  books  aforesaid,  setting  forth,  as  well  by  whom  debts  are  due  to  the 
State,  as  the  amount  of  those  debts. 


94  ACTS    AND    RESOLUTIONS. 

Book  for  appropria-  Sec.  3.  It  shall  also  be  bis  duty  to  keep  a  book,  in  which  all  appropriations 
by  the  Legislature  shall  be  entered,  with  all  the  payments  made  under  them ; 

tElkmSJS*?**  an(^  *°  keeP  another  book,  properly  indexed,  in  which  he  shall  enter  all  contin- 
gent accounts,  allowed  by  the  Legislature,  and  the  time  at  which  payment  on 

See  No.  54. 

the  same  shall  be  made. 
Disbursement     of      Sec.  4.  That  all  persons  having  the  distribution  of  the  public  money,  shall 

public  money :  x  ° 

*port6 toed comp?  annually,  on  the  first  day  of  October,  in  each  and  every  year,  render  to  the 
sre°e  No's.  59, 60, 6i.  Comptroller  General  an  account,  setting  forth  the  funds  committed  to  them, 
respectively,  and  its  expenditure,  and  the  Comptroller  General  shall  examine 
He  to  Legislature:  the  same,  and  report  thereon  to  the  Legislature ;  and  it  shall  also  be  the  duty  of 
Ana  keep  proper  the  Comptroller  General,  to  enter  into  books  kept  for  that  purpose,  such  a 

accounts.  .    ,  .  w    •      •  i    i «  •  i 

statement  of  their  accounts,  respectively,  as  will  enable  him  at  any  time  to  shew 
how  said  accounts  stand  between  the  parties,  respectively. 
contingent  accounts      Sec.  5.  Every  contingent  account  against  the  State,  shall  hereafter  be  pre- 
comptroiier  Gener-  sented  at  the  Comptroller  General's  office,  in  Columbia  or  Charleston,  on  or 

al,  examined  and  re-  • 

ported.  before  the  first  day  of  October,  in  each  year ;  and  it  shall  be  his  duty  to  examine 

the  same,  and  report  thereon  to  the  Legislature,  at  its  next  sitting ;  and  no  such 
account  shall  be  considered  or  acted  on  by  the  Legislature,  before  it  has  been 
examined  and  reported  on  by  the  Comptroller  General ;  and  as  a  compensation 
for  the  additional  duties  required  by  this  Act,  he  shall  be  entitled  to  receive  five 

salary  increased,    hundred  dollars,  in  addition  to  the  salary  to  which  he  is  now  entitled  by  law. 


SUPERINTENDENT  OF  PUBLIC  WORKS. 

Extract  from 
No.  65.  "An  Act  concerning  the  Public  Works." — 1829.  p.  14, 


superintendent  to      Sec.  1.  That  the  Superintendent  of  Public  Works,  elected  at  the  present 

enter  on  duties  1st  x  ' 

Feb.  and  continue  gegsion  0f  the  Legislature,  shall  continue  in  office  until  the  first  day  of  February, 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty- one;  and  each 
Superintendent  thereafter  elected,  shall  enter  upon  the  duties  of  his  office  on  the 
first  day  of  February  succeeding  his  election,  and  continue  in  office  one  year. 


ACTS   AND    RESOLUTIONS.  95 

ACTS  1830.  p.  23. 

Sec.  3.  That  the  Superintendent  of  Public  Works  be  authorized  and  required  to  repair  roads  and 

*■  x  canals,  from    tolls, 

to  keep  the  several  Canals  and  Turnpike  Eoads  in  good  repair,  and  to  defray  w"tho°uteSnctio% 
the  expenses  thereof  out  of  the  State  tolls :  Provided,  that  no  contract  for  such    egis  a  ure' 
repairs,  to  exceed  the  amount  of  the  toll,  shall  at  any  time  be  made,  without 
having  been  first  submitted  to,  and  sanctioned  by  the  Legislature. 


Extract  from 
Appropriation  Act — 1824.  p.  14.  No.  66. 


That  hereafter,  no  Superintendent  of  Public  Works,  Commissioners  or  Agents  No  contract  by  sn- 

'.-  *  °  penntendent,  Cora- 

of  the  State,  shall  enter  into  or  make  any  contract  for  the  performance  of  any  ttmSSStSfgS^ 

work  or  service,  authorized  by  the  Legislature,  by  which  to  bind  the  State  for 

the  payment  of  any  greater  sum  of  money  than  such  sum  as  may  be  appropriated 

by  the  same,  for  the  specific  purpose  for  which  such  contract  is  made.  And  if  any 

such  contract  shall  hereafter  be  made,  the  same  is  hereby  declared  null  and  void;  nuu  and  void. 

and  the  Superintendent  or  Commissioners  so  making  such  contrftt,  shall   (as 

the  case  may  be)  be  liable  to  answer  to  the  party  with  whom  such  contract  is 

made,  for  any  damage  sustained  by  reason  thereof.  Damage. 

See  Acts  1822.  p.  19;  1828./).  24;  1829.  p.  14;  1830.  p.  23;  1833.  p  46. 

A  Resolution,  1829,  p.  39,  directing  a  full  and  important  report  to  the 
Legislature,  at  its  next  session. 

A  Resolution,  1826,  p.  44,  directs  an  annual  return  to  the  Comptroller,  by  Return  to  corop 
the  Superintendent,  of  the  amount  expended  in  the  past  year,  on  internal 
improvements. 


JOINT  RESOLUTION— 1827.  p.  66.  No.  67. 


Resolved,  That  in  future,  the  Superintendent  of  Public  Works  shall  not  be  No  «»<««*  with 

.  Member  of  Legisla- 

authorized  to  contract  with  any  Member  of  the  Legislature.  ture- 


96  ACTS   AND    RESOLUTIONS. 

LUNATIC  ASYLUM. 

Extracts  from 

No.  68.      "An  Act  to  carry  into  operation  the  Lunatic  Asylum." — Passed  1827. 
Ch.  9.  p.  35. 

Nine  Regents  to  be      Sec.  1.  That  there  shall  be  elected,  by  both  branches  of  the  Legislature,  nine 

elected  for  G  years.  '     *  _  ° 

Regents  of  the  Lunatic  Asylum,  who  shall  hold  their  offices  for  six  years  from 
the  day  of  election,  except  those  who  shall  be  first  elected,  who  shall  go  out  of 
office  according  to  a  ballot,  to  be  drawn  by  the  Speaker  of  the  House  and 
President  of  the  Senate,  and  reported  to  the  Legislature,  in  the  following  order, 
viz :  The  three  Regents  whose  names  are  first  drawn,  to  go  out  of  office  at  the 
end  of  two  years  from  the  day  of  election;  the  three  Regents  whose  names  shall 
be  next  drawn,  shall  go  out  of  office  at  the  end  of  four  years  from  the  day  of 
election ;  and  the  remaining  Regents  shall  go  out  of  office  at  the  end  of  six  years 
from  the  day  of  election.     The  Regents  shall  be  re-eligible.     A  vacancy  in  the 

vacancy  ailed.       Regency  shall  be  filled  by  the  other  Regents,  till  the  next  regular  Legislative 
election. 

Sec.  4.  It  shall  be  the  duty  of  the  Regents,  hereby  directed  to  be  appointed, 

toLrSIatoen"aUy  *°  report  annually  to  the  Legislature,  the  state  and  condition  of  the  Institution, 
fully  and  particularly ;  and  they  shall  also  annually  report  to  the  Comptroller 

Gener°ai?omptroUer  General,  the  amount  of  income  of  said  Institution,  and  the  amount  of  expendi- 
tures, and  the  items  thereof. 


No.  69.  ACT  1829.  Ch.  4.  p.  15. 


Transient    pauper      a™  2.  Transient  Paupers,  Lunatics,  Idiots,  or  Epileptics,  sent  to  the  Asylum, 

patients  to  be  sup*         ^-w  i        /  j.       j- 

ported  by  state.  ^  virtue  of  tlie  ^fa/fa^  iawS;  shall  be  supported  at  the  public  expense ;  and  the 
Regents  are  hereby  authorized  to  draw  from  the  Treasury,  for  every  such 
Lunatic,  *eighty  dollars  per  annum,  until  the  Regents  shall  have  ascertained 


ACTS    AND    RESOLUTIONS  97 

the  former  permanent  domicil  of  such  Lunatic,  when  they  shall  be  supported  by 

the  District  to  which  he  or  they  shall  belong.     And  it  shall  be  the  duty  of  the  Regents  to  report 

_    -    .  .     them  specially. 

Regents  to  report  specially,  to  every  Legislature,  the  whole  number  of  this 
class  of  Lunatics,  Idiots,  or  Epileptics,  while  they  remain  a  charge  upon  the 
public  Treasury. 

*  Act  1831,  ch.  38,  p.  54.  Requires  the  Commissioners  of  the  Poor  of  each  District  to  send  re- 

*  -1  sident   pauper    pa- 

District,  to  send  their  resident  pauper  idiots,  &c,  to  the  Asylum,  and  support tiente- 
them  there,  at  the  charge  of  the  District,  at  the  rate  of  one  hundred  dollars  per 
annum. 

Sec.  2.  Requires  transient  pauper  idiots,  &c,  sent  to  the  Asylum,  to  be 
supported  at  the  public  charge,  and  authorizes  the  Regents  to  draw  for  the 
support  of  every  such  pauper,  from  the  Treasury,  at  the  rate  of  one  hundred  #100. 
dollars  per  annum,  until  the  Regents  shall  have  ascertained  the  domicil  of  such 
pauper,  when  the  District  or  Parish  shall  be  charged  with  such  support ;  with  a 
right  of  appeal  on  the  part  of  the  Commissioners,  adjudged  by  the  Regents  to  Right  of  appeai. 
be  chargeable,  to  the  Court  of  Sessions;  the  Solicitor  to  defend  the  interests  of 
the  State. 

See  Report,  1833.  p.  30. 


FIRE  PROOF  BUILDING  IN  CHARLESTON. 

0  Extract  from 

Appropriation  Act — 1828.  p.  11.  No.  70. 


That  the  Commissioners  of  Public  Buildings,  for  Charleston  District,  be,  and  commissioners    of 
they  are  hereby  authorized,  to  rent  out  such  of  the  rooms  m  the  Fire  Proof  renbt!°  BuUdmss  t0 
Building,  as  may  not  be  required  for  public  uses :  Provided,  It  be  done  upon 
such  terms  as  will  preclude  the  use  of  fire  or  candle  light,  upon  any  occasion,  in 
said  building;  and  that  the  said  Commissioners  shall  apply  the  proceeds  of  said 
13 


98  ACTS   AND    RESOLUTIONS. 

Apply  to  repairs,     rents  to  the  keeping  of  said  building  in  repair,  and  render  an  annual  account  to 
Legfeiature!)Ullt  to  tne  Legislature,  of  their  receipts  and  expenditures,  and  of  the  specific  objects  to 
which  they  may  have  applied  the  monies  received. 

See  Resolutions  1822.  p.  102.     1827.  p.  44.     1837.  p.  54. 

Act  1826.  p.  13, 
And  Appropriation  for  1833,  and  since,  of  Salary  for  Superintendent. 


PUBLIC  OFFICERS. 


No.  71.  ACT  1787.  P.  L.  p.  427. 


Sec.  3.  No  officer  heretofore  elected,  or  hereafter  to  be  elected,  to  any  pecu- 
office  above  4150,  niary  office  in  this  State,  above  £150,  shall  hold  anv  other  office  of  emolument, 

not  to  be  held  with  "  '  '  j  > 

another.  un(jer  tniSj  or  tne  United  States. 


No<  w  ACT  1789.  P.  L.  p.  475. 


An  Act  to  prevent  persons  holding  certain  offices  of  emolument  from 

leaving  the  state. 

"  It  shall  not  be  lawful  for  any  Judge,  Attorney  General,  Commissioner  of 
the  Treasury,  Auditor,  Collector  of  the  Customs,  Register  of  Mesne  Convey- 
ance, Secretary  of  State,  or  Surveyor  General,  to  leave  this  State  without 
permission  first  had  and  obtained  from"  the  Governor:  a  violation  incurs  a 
forfeiture  of  office ;  leave  to  be  granted  by  the  Governor,  in  case  of  sickness,  and 
for  no  other  purpose. 


* 


ACTS   AND    RESOLUTIONS.  99 

ACT  1791.     1  Faust,  p.  168. 

a  « 
That  the  Act  entitled  "  An  Act  to  prevent  persons  holding  certain  offices, 
from  leaving  the  State,"  be,  and  the  same  is  hereby  repealed,  as  far  as  it  totally  Act  of  m*  repeal- 
prohibits  the  persons  therein  mentioned  from  leaving  the  State,  without  permis- 
sion first  obtained  from  the  Governor  of  the  State;  and  such  officers  shall  be,  °^f  ^s^to 
and  are  hereby  authorized  and  permitted,  at  proper  times,  when  the  same  can  pwmission/forterm 

.  .  of  30  days. 

be  done  without  prejudice  to  the  interest  of  the  State,  to  leave  the  State,  with- 
out such  permission  first  obtained,  for  any  space  of  time  not  exceeding  thirty 
days ;  and  when  the  said  officers  shall  be  desirous  of  leaving  the  State  for  longer 
time,  they  shall  apply  to  His  Excellency  the  Governor,  for  permission  to  do  so;  JSSSm^SJ? 
and  he  is  hereby  empowered  to  grant  permission  for  such  reasonable  absence  as  cause.  ' 
may  be  consistent  with  the  public  interest,  on  account  of  sickness,  or  any  other 
proper  cause  suggested  by  applicant. 


ACT  1791.     1  Faust,  p.  155.  No.  73. 


That  every  Inquirer,  Assessor,  and  Collector  of  Taxes,  shall  hold  his  office  Assessors,  &e.  to 

<f  T-  '  hold  during  pleasure 

only  during  the  pleasure  of  the  Legislature  of  this  State.  of  Legislature. 


Extract  from  an  Act  passed  1812,  (p.  35)  entitled 
"An  Act  limiting  the  term  of  service  of  certain  officers,  who  have       No.  74. 


HERETOFORE  HELD  THEIR  OFFICES  DURING  GOOD  BEHAVIOUR,  AND  FOR  OTHER 

*"  * 

PURPOSES  THEREIN  MENTIONED. 

1.  The  following  officers  shall  hereafter  be  elected  by  joint  ballot  of  both  officers  to  be  electa 

°  *  J  ed  by  joint  ballot, 

branches  of  the  Legislature,  for  the  term  of  time  hereinafter  mentioned:  Attor-  forfour  ^e&Ta- 
ney  General,  for  four  years ;  Solicitors,  for  four  years ;  *  Tax  Collectors,  for  four 
years ;  t  Ordinaries,  for  four  years ;  Clerks  of  the  Courts  of  Session  and  Common 

*  See  1836.  p.  89,  giving  the  election  of  Tax  Collectors  to  the  people, 
f  See  Act.  1815.  p.  55,  giving  the  election  of  these  officers  to  the  people. 


100 


ACTS   AND   RESOLUTIONS. 


Pleas,  for  four  years ;  Registers,  Masters  and  Commissioners  of  the  Courts  of 
Equity,  for  four  years ;  Commissioners  of  Locations,  and  Registers  of  Mesne 
Conveyance,  for  four  years,  each ;  and  the  aforesaid  officers  to  hold  their  offices 
for  the  respective  terms  aforesaid,  and  until  another  is  elected.  * 
Majority  of  votes.        2.  In  all  joint  ballots  for  the  officers  above  mentioned,  a  majority  of  all  the 

votes  given  on  such  joint  ballot,  snail  be  necessary  to  constitute  an  election. 
S°2£*b»  §22      ^*   "^ne  Comptroller  General  shall  be  elected  as  heretofore,  for  two  years,  but 
no\re^e°iiaWeS after  after  having  served  four  years  in   succession,  shall  not  be  re-eligible  to  that 
office  till  after  the  expiration  of  two  years. 


*  ACT  1819.  p.  25. 


These  officers  "  shall  hold  their  respective  offices  during  the  term  of  four 
iars,  and  also  until  a  successor  in  office  shall  have  be 
commissioned,  and  enter  upon  the  duties  of  his  office.'' 


To  hold  until  a  sue- 

commissioned.  ecn  years,  and  also  until  a  successor  in  office  shall  have  been  elected,  and  shall  be 


Extract  from 


No.  75.     "An  Act  concerning  the  Bonds  of  Public  Officers." — 1829.  C.  7,  p. 21. 


al  to    send   blanks 
with  Acts. 


-Bonis,  Sec.  2.  It  shall  be  the  duty  of  the  Comptroller  General  to  ascertain  the 

_     .  „    _       number  of  officers  in  this  State,  from  whom  bonds  are  required,  and  to  cause  an 

Comptroller  Gener-  *  •*•  ' 

equal  number  of  said  bonds  to  be  printed  annually,  at  the  expense  of  the  State, 
having  thereon  the  blank  forms  for  Commissioners  to  approve  securities,  and  the 
probate;  and  to  distribute  to  each  District,  with  the  Acts  of  the  Assembly, 
annually,  a  number  of  said  bonds,  equal  to  the  number  of  said  Officers  in  said 
District,  respectively. 


ACTS   AND    RESOLUTIONS.  101 

JOINT  RESOLUTION— 1822.    p.  101.  No.  76. 


Resolved,  That  it  is  the  duty  of  the  Secretary  of  State,  Surveyor  General, 
and  all  the  Keeording  Officers  within  this  State,  to  make  out  regular  indexes  of  {J^SSftWS?* 
the  Records  in  their  offices ;  and  that,  if  any  of  the  said  Recording  Officers  shall 
have  neglected,  or  may  hereafter  neglect,  to  make  out  such  indexes,  upon  satis- 
factory information  thereof,  made  to  the  Governor,  it  shall  be  his  duty  to  appoint  Governor, 
some  fit  and  proper  person  to  make  out  such  indexes,  at  the  expense  of  the 
several  officers  so  neglecting  their  duty, 


AN  ACT  TO  PROVIDE  FOR  THE    REPAIRING    OF    COURT   HOUSES  AND  JAILS     IN  No.   77. 

this  State. — 1827.  Ch.  6.  p.  33. 


Sec.  1.  Be  it  enacted,  &c,  That  from  and  after  the  passing  of  this  AeL  ^ShnS^  * 
seven  Commissioners  shall  be  appointed  by  a  Joint  Resolution  of  both  branches  joint  resXion.    y 
of  the  Legislature,  for  each  Circuit  Court  District  in  this  State,  whose  duty  it 
shall  be  to  keep  in  repair  and  superintend  the  Court  Houses  and  Jails  of  their 
respective  Districts,  and  if  any  person,  so  appointed,  shall  refuse  to  act,  or  neglect 
to  perform  the  duty  of  a  Commissioner,  he  shall  forfeit  a  sum  not  exceeding  fifty  $50  for  refusal  to 
dollars,  to  be  recovered  by  indictment,  and  the  money  so  forfeited  shall  be  paid 
to  the  Acting  Commissioners  for  such  District,  to  be  applied  by  them  in  repairing 
the  Court  House  and  Jail  of  the  District  for  which  such  person  shall  have  been 
appointed. 

Sec.  2.  That  each  Board  of  Commissioners  shall  be  appointed  to  serve  for  four  To  serve  for  fonr 
years,  and  until  the  appointment  of  a  new  Board  be  made,  and  shall  have  power  cancik 
to  fill  all  vacancies  in  their  number,  occasioned  by  death,  resignation,  removal 
from  the  District,  or  refusal  of  any  person  appointed  to  serve ;  and  the  person  so 
elected,  shall  have  all  the  powers,  and  be  subject  to  all  the  penalties,  provided 
for  in  the  first  clause  of  this  Act ;  but  no  person  elected  or  appointed,  shall  be 

*  1  -1  Compelled  to  serve 

compelled  to  serve  more  than  four  years  in  succession.                                           only  four  years, 
Seo.  3.  That  the  said  Commissioners  shall  meet  and  form  a  Board  within  _ t 

Form  Board, 

their  respective  Circuit  Court  Districts,  at  such  time  and  place  as  a  majority  of 
them  shall  appoint,  and  shall  have  power  to  appoint  a  Chairman  and  all  necessary 


102  ACTS    AND    RESOLUTIONS. 

officers ;  and  the  said  Commissioners,  or  a  majority  of  them,  shall  have  full  power 

*epS?s  ™fnecourt  an<l  authority,  as  often  as  they  may  think  necessary,  to  assess,  levy,  and  collect, 

in  the  same  manner,  and  to  the  same  extent,  as  Commissioners  of  the  Poor  are 

now  authorized  by  law,  all  such  sums  of  money  as  may  be  necessary  for  repairing 

the  Court  House  and  Jail  of  their  respective  Circuit  Court  Districts ,  and  it 

Report  to  comp-  s^a^  De  *^e  duty  °f  eae^  Board  of  Commissioners,  annually  to  report  to  the 

Comptroller  General  the  sums  of  money  so  assessed  and  levied  by  them,  for  the 

purposes  aforesaid. 

Fines  to  be  paid  to      g£c.  4,  That  all  fines  and  forfeitures  incurred  and  imposed  in  any  Court  of 

Commissioners.  A  * 

Sessions,  for  any  Circuit  Court  District  in  this  State,  shall  be  paid  to  the  Com- 
No  57  missioners  of  Public  Buildings  for  such  District ;  to  be  applied  in  aid  of  their 

assessments,  for  the  purposes  aforesaid :  Provided,  That  nothing  in  this  clause 
Right  of  informer  contained,  shall  be  construed  to  interfere  with  the  right  of  any  informer,  where 

the  whole  or  any  part  of  a  fine  or  forfeiture  is  given  to  him  or  her,  by  any  Act 

heretofore  passed. 
sent  or  iMwf      ^EC'  ^'  That  nothing  herein  contained,  shall  affect  any  appropriations  for 
propnations.         Public  Buildings,  made  at  this  or  any  previous  session  of  the  Legislature. 


No.  78  JOINT  RESOLUTION— 1825.  p.  113. 

Resolved,  That  no  Commissioner  of  Public  Buildings  shall  hereafter  become 

Commissioner    not    .  _  .  n  .  .  .      „  ,.  .       . 

to  be  contractor,  the  contractor  tor,  or  the  undertaker  or,  any  bunding  or  work,  the  construction  of 
which  it  is  his  duty  to  superintend,  or  he  is  in  any  way  interested  in  such  con- 
tract or  undertaking. 


No-  79-  JOINT  RESOLUTION— 1826.  p.  45. 


commissioners    to      Resolved,  That  the    Commissioners  of  Public   Buildings,    be  required   to 

report  to     Legisla-  ...-,. 

ture-  report,  annually,  the  amount  of  unexpended  balances  remaining  in  their  hands, 

see  Nos.  59.  go,  ci,  and  submit  final  returns  to  the  Legislature,  when  any  work  is  completed,  for 
which  an  appropriation  is  made. 


ACTS    AND    RESOLUTIONS.  108 

Extract  from 

An  Act  concerning  the  District  Officers  and  their  Offices. — Passed       No.  so. 
1837,  Ch.  18.  p.  41.  

Sec.  2.  That  it  shall  be  the  duty  of  the  Attorney  General,  and  the  Circuit  Attorney    General 

^  '  ■  and  Solicitors  to  ex- 

Solicitors,  and  they  are  hereby  authorized  and  required,  to  examine,  annually,  585* eondition  of 
and  at  such  times  as  they  may  deem  expedient,  into  the  condition  of  the  *qffi,ces 
above  named,  of  the  several  Districts,  in  their  respective  Circuits,  and  to  ascer- 
tain if  the  said  several  officers  respectively,  shall  have  discharged  all  the  duties, 
and  performed  all  the  services  which  now  are,  or  shall  hereafter,  be  required  of 
them,  respectively,  by  law,  and  to  make  a  report  of  the  condition  of  said  offices  ^IjJSSu0 
and  the  manner  in  which  the  said  several  officers  respectively  shall  have  dis- 
charged their  duties,  to  the  Courts  of  Law  of  the  several  Districts,  respectively, 

at  the  Fall  Term  in  each   year,  and  also  to  the  Legislature,  at  each  annual  And  to  the  Legisla- 
ture. 

Session. 

Sec.  3.  That  if  any  one  of  the  said  District  Officers,  shall  be  reported,  as  court  to  order  in- 

^  L  dictment  against  de- 

af Oresaid,  as  having  wilfully  failed,  or  neglected  to  discharge  any  of  the  duties  ^i™11'- 

or  to  perform  any  of  the  services  appertaining  to  his  office,  which  now  are,  or 

shall  hereafter  be,  required  of  him  by  law,  it  shall  be  the  duty  of  the  Court,  to 

order  a  bill  of  indictment  to  be  preferred  against  such  delinquent  Officer. 

Sec.  4.  That  the  fines  to  be  imposed  by  virtue  of  this  Act,   shall  be  paid  Fines  to  go  to  com- 
missioners of  Public 

over  to  the  Commissioners  of  Public  Buildings  of  the  respective  Districts,  in  b^10^- 
which  such  failure  or  neglect  shall  have  occurred. 

Sec.  5.  That  as  a  compensation  for  the  additional  duties  required  of  the  salaries  of  Attorney 

,*.  ,  *'n*        '     n   f  •  i  !•  •  an<*     Solicitors   in- 

Attorney  General  and  Circuit  Solicitors,  by  this  Act,  their  salaries  shall  be  g-eased  each  «2oo. 

•>  J  See  Act  1828,  p.  12. 

increased,  each  by  the  sum  of  two  hundred  dollars. 

Sec.  6.  That  an  Act  entitled  "An  Act  to  provide  for  the  repairing  of  Court 
Houses  and  Jails  in  this  State,"  passed  on  the  nineteenth  day  of  December* 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and  twenty- seven,  autho- 
rizing and  requiring  the   Commissioners  of  Public  Buildings,  to  keep  in  repair 
and  superintend  the  Court  Houses  and  Jails  of  their  respective  Districts,  be 
so  amended  as   to  authorize   and  require   the   said   Commissioners,  in  their 
respective  Districts,  also  to  superintend  and  keep  in  repair,  the  interior  of  the  commissioners    to 
several  offices  of  the  aforesaid  District  Officers;  and  to  cause  to  be  constructed  tcrior  of  offices. 
and  placed  therein,  and  kept  in  repair,  suitable  fixtures  or  cases,  for  the  recep-  provide  fixtures. 
tion  and  preservation  of  the  Records,  Books,  and  other  papers  appertaining  and 

*  Clerks,  Sheriffs,  Ordinaries,  Master,  Commissioners  and  Registers  in  Equity. 


104  ACTS   AND    RESOLUTION'S.  ^ 

belonging  to  said  offices,  respectively ;  and  to  cause  to  be  erected,  and  kept  in 
out  buildings  and  repair,  such  out  buildings  and  fences,  on  the  Jail  and  Court  House  lots,  as  they 
may  respectively  deem  necessary,  for  the  use  and  convenience  of  the  Sheriffs, 
or  Jailors,  residing  in  said  Jails  respectively,  or  for  the  protection  of  said  Jails 
and  Court  Houses ;  and  to  cause  to  be  made  out  and  completed,  such  Kecords 
fs  court  may  Sdt!  and  Books,  in  the  several  offices  named  in  the  first  section  of  this  Act,  in  their 
respective  Districts,  as  may  be  directed  and  ordered  by  the  said  Court  of  Com- 
mon Pleas  and  General  Sessions,  whose  duty  it  shall  be,  from  time  to  time, 
to  give  such  directions,  and  make  such  orders,  as  may  be  necessary  for  the 
completion  of  the  Records  and  Books  in  said  offices  respectively. 


COMMISSIONERS    TO    APPROVE    SECURITIES 
TO  BONDS  OF  PUBLIC  OFFICERS. 

No.  81.     An  Act  concerning  the  Office  of  Sheriff — Passed  1795.  2  Fa,ust,  p  8. 

m      r 

Appoints  Commissioners  in  each  of  the  Circuit  Court  Districts  then  existing, 
commissioners    to      "  To  approve  of  the  securities  which  may  be  offered  by  the  Sheriffs  hereafter 

approve  security.  m 

to  be  elected  or  appointed ;  and  the  said  Commissioners,  or  any  three  of  them, 

Power  to  determine  respectively,  are  hereby  vested  with  full  power  to  judge  and  determine  on  the 

sufficiency  of  the  securities  which  may  be  offered  by  the  Sheriffs,  respectively ; 

and  the  better  to  enable  them  to  discharge  that  dutv,  to  administer,  on  oath,  to 

To    administer  on  °  •" 

oath*  each  of  the  securities  who  may  be  offered,  that  he  is  worth,  over  and  above  his 

debts,  the  sum  for  which  he  offers  himself  as  security :  Provided,  also,  That 
in  case  any   of  the  said  Commissioners  shall  depart  this  State,  die,  resign,  or 

Governor  to  mi  va-  refuse  to  serve,  the  Governor  of  the  State  shall  fill  up  the  vacancy  occasioned 

cancy. 

thereby,  until  the  next  meeting  of  the  Legislature. 


acts  and  resolutions.  105 

An  Act  to  revise  and  amend    "An  Act  entitled   An  Act, to   estab- 

lish  an  uniform  and  more  convenient  system  of  judicature." 1799' 

2.  Faust,  p.  262. 

Directs,  "  That  the  Sheriffs  of  the  Districts  aforesaid,  shall  give  security,  to 
be  approved  of  by  Commissioners  for  that  purpose,  to  be  appointed  by  the  be!3K  by  the 
Legislature,  iu  manner  and  form  as  in  and  by"  the  above  Act  of  1799. 


An  Act  limiting  the  term  of  Service  of  certain  Officers  who  have      No.  82. 
heretofore   held  their   offices   during   good   behaviour,    and   for  "" 

OTHER    PURPOSES,    THEREIN    MENTIONED. PaSSed  1812.   p.    35. 

Directs  as  to  the  Attorney  General,  Solicitors,  Tax  Collectors,  Ordinaries, 
Clerks,  Registers,  and  Commissioners  of  the  Courts  of  Equity,  that  bonds 
be  given; 

And  that  such  bonds  be  taken  in  the  several  Districts  throughout  this  State,  Bonds  to  be  taken 

t  •  t  m  by  Commissioners. 

respectively,  by  the  Commissioners  appointed  to  take  bonds  and  securities  from 

the  Sheriffs  of  the  several  Districts  of  said  State,  and  be  transmitted  by  the  Transmitted  to 

*  Comptroller  Gene- 

Commissioners  aforesaid,  to  the  Comptroller  General,  to  be  by  him  deposited  in  raL 

the  Treasurer's  Office  of  the  Upper  Division,  when  they  relate  to  the  Upper  Deposited  in  Treas- 

*■>■      '  v  L  L        urer's  office. 

Division ;  and  when  relating  to  the   Lower  Division,  to  be  deposited  in  the 
Treasurer's  Office,  in  Charleston, 


An  Act  Explanatory. — Passed  1814.  p.  52. 
Directs,  "  That  the  Comptroller  General  be.  and  he  is  hereby  authorized,  to  comptroller  Gene- 

*  '  J  '         ral  to  approve  secu- 

approve  of  the  security  hereafter  to  be  given  by  the  Attorney  Geeneral  and  Genlraiand'souc? 
Solicitors,  respectively."  tors' 

And  that  every  Register  and  Commissioner  in  Equity  give  bond, 
14 


106  ACTS   AND   RESOLUTIONS. 

Bond  of  commis-      «  To  be  taken,  and  securities  approved  of,  by  such  Commissioners  as  are  or 

sioners  in  Equity,  to         •  *  . 

missioned  sher-  sna^  be  appointed  to  approve  the  securities  of  the  Sheriff  of  the  Circuit  Court 
District,  in  which  the  Register  and  Commissioner  aforesaid  shall  respectively 
reside." 

See  Act  directing  annual  examination  of  Bonds — 1819.  p.  42.  and  Act 
fixing  form  of  Bonds — 1829.  p.  21. 


CORONERS. 

ACTS  J  821.  p.  23. 
No.  83.  An  Act  to  regulate  the  Appointment  of  Coroners. 


AmSESfte  be      When  any  vacancy  shall  happen  in  the  office  of  Coroner,  for  any  of  the 

iution.by  jomt  reso"  Circuit  Court  Districts  of  this  State,  the  same  shall  be  filled  by  a  joint  resolu- 
tion of  the  Senate  and  House  of  Representatives,  in  the  same  manner  as 
Justices  of  the  Peace  and  Quorum,  are  now  appointed. 

vacancy  in  recess  to      Whenever  any  vacancy  shall  occur  in  the  said  office,  by  death,  resignation, 

or#  or  otherwise,  during  the  recess  of  the  Legislature,  the  same  shall  be  filled  by 

the  appointment  of  the  G-overnor  and  Commander-in-Chief;  which  appoint, 
ment  shall  continue  until  the  end  of  the  next  Session  of  the  Legislature,  and 
until  a  successor  shall  be  appointed. 

Bond  to  be  given.  Every  Coroner  shall,  before  entering  upon  the  duties  of  his  office,  give  bond, 
with  sufficient  security,  to  the  State  of  South  Carolina,  in  the  sum  of  two 
thousand  dollars,  except  the  Coroner  for  Charleston  District,  who  shall  give 
bond  in  three  thousand  dollars,  for  the  faithful  discharge  of  the  duties  of  his 
office,  which  bond  shall  be  lodged,  after  being  approved  of  as  Sheriff's  bonds 
are,  in  the  Office  of  the  Treasurer  of  the  Upper  or  Lower  Division. 

shaii  continue  four      All  Coroners  appointed  by  the  Legislature,  shall  continue  in  office  for  four 

years,  and  until  sue-  . 

oessor  enter.  years,  and  until  a  successor  shall  be  appointed,  and  enter  upon  the  duties  of 
his  office. 


ACTS    AND   RESOLUTIONS.  107 

It  shall  be  the  duty  of  the  Governor,  whenever  any  person  appointed  to  the  commissioned    by 
office  of  Coroner,  shall  have  given  bond,  as  herein  before  directed,  to  commis  ■ 
sion  such  person,  according  to  the  provisions  of  this  Act. 

No  Coroner  shall  hereafter  act  as  Jailer,  Deputy  Sheriff,  or  hold  any  appoint-  shaii  not  act  as 

*     "  J     rr  Jailor    or   Depnty 

ment  under  the  Sheriff  of  the  District ;  and  in  case  any  Coroner  shall  accept  sheriff. 

of  any  appointment  from  the  Sheriff  of  his  District,  bis  office  of  Coroner  shall  office  vacated  upon 

violation. 

be  vacated,  and  the  Governor  may  fill  the  vacancy  upon  application  ;  and  the 
appointment  so  made  by  the  Executive,  shall  continue  in  force,  until  another 
appointment  shall  be  made  by  the  Legislature. 

The  several  Coroners  shall  have  power  to  commit  prisoners  in  their  custody,  p°wer  *°  «>mmit 

A  r  •"  prisoners  to  Jail. 

to  the  common  Jails  of  the  several  Districts  respectively,  and  all  power  neces- 
sary to  carry  this  provision  into  effect,  is  hereby  given  to  the  Coroners. 

See  Act  1827.  p.  65,  authorizing  the  appointment,  by  any  Judge,  of  a 
person  to  act,  in  the  service  of  process,  as  Coroner. 

Act  1825.  p.  67.  to  give  to  the  Coroner  a  room  in  the  Jail,  for  confinement 
of  his  prisoners, 

Acts  2.  F.  pp.  150.  216.;  P.  L.  pp.  8.  3.  59.;  1  Faust,  p.  14,  allowing 
Justice  of  Peace,  (if  no  Coroner  within  20  miles,)  to  take  inquest  and  receive 
the  fees. 


ESCHEATORS. 


ACTS  1834.  p.  15.  No.  84. 


An  Act  to  amend  an  Act,  entitled  "An  Act  to  appoint  Escheators 
and  to  regulate  escheats." 

The  Escheators  for  the  Districts  of  this  State,  respectively,  shall  be  hereafter      Escheators. 

L  *  Appointed  by  joint 

appointed  by  joint  resolution  of  the  Senate  and  House  of  ^Representatives, resolution- 
shall  continue  in  office  four  years,  and  until  successors  be  appointed;  and  shall,  continue  four  years 


108  ACTS   AND   RESOLUTIONS. 

Give  bond.  severally,  give  a  bond,  with  three  good  and  sufficient  sureties,  in  the  penal  sum 

of  two  thousand  dollars,  in  the  form  prescribed  by  the  Act,  entitled  "An  Act 
concerning  the  Bonds  of  Public  Officers."     Provided,  That  nothing  in  this 

to§ies.of  corporate  Act  shall  impair  the  right  of  bodies  corporate  or  politic,  to  nominate  and  appoint 
Escheators,  in  relation  to  any  estate  that  has  been,  or  may  be  ceded  to  such 
bodies  corporate  or  politic. 

See  Act  1805.  p.  95,  authorizing  a  Corporate  Body  to  appoint  an  Es- 
cheator,  in  relation  to  property  ceded  to  such  body,  by  the  State ;  wJw  on  giving 
bond,  shall  be  commissioned,  with  limited  power,  and  execute  his  office  in 
proper  person,  and  not  by  Deputy. 

See  an  Act  to  appoint  Escheators,  and  regulate  Escheats. — Pub.  Laws, 
p.  428.      ' 


JUSTICES  OF  PEACE,  &c. 


No.  85.  ACT  1799.     2  Faust,  p.  259. 


Every  appointment  of  Justices  of  the  Quorum  and  of  the  Peace,  hereafter 
continue  four  years  to  be  made,  shall  continue  for  four  years,  and  from  thence,  for  thirty  days 
after  the  end  of  the  Session  of  the  Legislature,  at,  during,  or  next  after  the 
•see  No.  87.'        time  of  which  such  appointment  shall  expire.* 


No.  86.  2  ***  P'  262' 


Elected  or  appoint-      Justices  of  the  Quorum,  and  of  the  Peace,  shall  in  future  be  elected  or 

ed  as  heretofore.  . 

appointed  by  the  Legislature,  as  heretofore. 


K< 


ACTS    AND    RESOLUTIONS. 
ACTS  1819.     p.   16. 


109 


No.  87. 


All  Justices  of  the  Quorum  and  Justices  of  the  Peace,  shall  take  the  several  ™j*  °»tn  before 
oaths  of  office  required  by  the  Constitution,  and  Laws  of  this  State,  before  the 
Clerk  of  the  Court  of  Sessions  and  Common  Pleas,  for  the  District  in  which 
such  Justice  shall  be  appointed,  within  ninety  days  after  such  appointment, 
and  not  after. 

Each  Clerk  shall,  on  or  before  the  first  day  of  November,  in  each  year,  record,  mitroi/to^secreta^ 
in  his  office,  a  true  list  of  the  Justices  who  shall  have  so  qualified  before  him, 
and  shall,  within  the  said  time,  transmit  a  true  copy  thereof  to  the  office  of 
Secretary  of  State,  who  shall  make  a  record  thereof. 


ry  of  State. 


ACTS  1820.     p.  6. 
All  Justices  of  the  Peace  and  Quorum,  shall  be  allowed  to  qualify  at  any  ftnaitfy  within  90 

'  i  J  J    days,  or  before  the 

time  within  ninety  days,  or  previous  to  the  adjournment  of  the  first  Court  of  STcwST*  °f  the 
Common  Pleas,  to  be  held  in  the  District  for  which  such  appointment  is  made. 


ACTS  1821.     p.  21. 

There  shall  not,  at  any  time  after  the  passing  of  this  Act,  be  appointed  to 
any  Parish,  or  County,  or  District  hereinafter  mentioned,  any  greater  number 
of  Justices  of  the  Quorum,  or  of  the  Peace,  than  is  hereinafter  particularly 
specified,  that  is  to  say : 


No.  88. 


St.  Philip's  and  St.  Michael's, 
St.  Andrew's, 
All  Saints, 
Christ  Church, 


Quorum.  Peace. 

28  40 

-  6  1 
10  8 

-  5  5 


Number  of  Justices 
for  each  District  or 
Parish. 


■/ 


110 


ACTS   AND    RESOLUTIONS. 


St.  Bartholomew's, 

St.  Helena, 

Horry, 

*St.  George,  Dorchester, 

St.  John's  Colleton, 

St.  James,  Goose  Creek, 

St.  John's,  Berkley, 

St.  James,  Santee, 

St.  Luke's, 

Marion, 

St.  Peter's 

St.  Stephen's, 

St.  Paul's, 

Prince  George,  Winyaw, 

Williamsburg, 

Prince  William, 

St.  Matthew's, 

St.  Thomas  and  St.  Dennis, 

Abbeville, 

Barnwell, 

Chesterfield, 

Clarendon,     .  -      ^ 

Claremont, 

Chester, 

Darlington, 

Edgefield,      - 

*Fairfield, 

Greenville,    - 

Kershaw, 

Lexington,    - 

Lancaster, 

*Laurens,    - 

Marlborough, 

Newberry,     - 

Pendleton, 

Orange  Parish, 

Richland, 

Spartanburg, 


Quorum. 

9 

Peace. 

16 

-  11 

8 

8 

10 

-  9 

8 

8 

7 

-  7 

12 

6 

8 

-  6 

7 

6 

9 

-  13 

11 

6 

10 

-  3 

3 

3 

9 

-  13 

15 

16 

15 

-  10 

6 

8 

5 

-  3 

3 

23 

27 

-  23 

23 

5 

15 

-  10 

17 

10 

15 

-  14 

24 

9 

16 

-  27 

23 

12 

24 

-  17 

29 

7 

23 

-  8 

16 

9 

18 

-  14 

31 

8 

13 

-  12 

22 

23 

46 

-  10 

15 

10 

15 

-  17 

28 

ACTS   AND    RESOLUTIONS.  HI 

Quorum.  Peace. 

Salem, 8  12 

Union,  -  -  -  -  -  -  15  25 

York,  14  25 


* Altered  by  Act  1832.  p.  50,  as  follows : 


Quorum. 

Peace. 

Laurens, 

5  additional 

5  additional. 

Fairfield, 

■     5 

5 

St.  George,  Dorchester, 

3 

3  less. 

ACTS— 1827.  p.  61.  No_  89# 


For  St.  Philip's  and  St.  Michael's,  eight  Justices  of  the  Quorum  shall  be  ^gfpwif^i 
appointed  by  joint  ballot  of  both  Branches  of  the  Legislature,  who  shall  con-  fju'niffiiHiii'L 

..  .  to    continue     four 

tinue  m  office  four  years,  and  until  a  new  appointment  shall  be  made  by  the  years- 
Legislature,  to  whom  shall  be  assigned  exclusive  jurisdiction  in  all  small  and  jurisdiction. 
mean  causes  within  the  same  :  Provided,  That  six  of  the  said  Magistrates  shall  six  in  Charleston, 
always  be  residents  in  the  City  of  Charleston,  and  the  other  two,  residents  of  and2on 
the  other  parts  of  the  said  Parishes. 

See  also  Acts  1836.  p.  129. 


112 


ACTS    AND   RESOLUTIONS. 


ACCOUNTS,  FEES,  &c. 


No.  90. 


JOINT  RESOLUTION— 1807.  p.  80. 


Number  of  Guard.  Resolved,  That  in  the  removal  of  prisoners  from  one  District  to  another, 
where  a  guard  may  be  necessary,  that  the  number  of  men  ordered  for  that 
service,  shall  not  exceed  more  than  three  for  any  number  of  prisoners  not 
exceeding  six,  and  for  every  three  prisoners  above  six,  an  addition  of  one  man 
as  a  guard  ;  for  which  service,  the  said  guard  shall  be  paid  one  dollar  and  fifty 
cents  per  day,  if  acting  as  horsemen,  and  one  dollar  per  day,  if  as  infantry,  in 
lieu  of  all  expenses ;  and  if  attended  by  a  Sheriff,  or  his  Deputy,  he  shall  be 
considered  as  one  of  said  guard,  and  not  entitled  to  any  other  compensation, 
except  the  maintenance  of  the  prisoners,  which  shall  not  exceed  50  cents  per 
day,  and  50  cents  per  day  for  horse  hire,  if  conveyed  on  horse  back. 

Resolved,  also,  That  the  Legislature  ought  not  to  make  provision  for  the 
payment  of  guards,  unless  the  name  of  every  person  acting  as  such,  is  men- 
tioned in  the  account  preferred  against  the  State. 


Names  of  Guard 


No.  91. 


EXTRACT  OF  A  REPORT,  ADOPTED  1816.  p.  125. 


The  Committee  of  Accounts,  beg  leave  to  observe,  that  from  the  vague  and 
indefinite  manner  accounts  against  this  State  are  usually  attested,  certified,  and 
rendered  in  to  the  Treasurers  at  Charleston  and  Columbia,  and  also  to  the 
Committee  on  Public  Accounts,  while  the  House  is  sitting,  they  are  induced  to 
believe,  that  many  errors  may  have  been  committed,  and  frauds  practised  upon 
the  public,  in  consequence  thereof;  they,  therefore,  with  deference,  submit, 
whether  it  would  not  be  proper  to  enter  into  the  following  Eesolves,  viz : 
Accounts.  Resolved,  That  in  future,  all  accounts  exhibited  against  this   State,  shall 

charges  clearly  de-  have  every  charge  therein  clearly  defined,  and  shall  be  presented  on  or  before 
the  first  day  of  November  next ;  and  also,  on  or  before  the  first  day  of  Novem- 
ber in  every  succeeding  year,  to  the  Treasurers,  either  at  Columbia  or  at 
CJiarleston,  wJwse  duty  it  shall  be  to  audit  the  same,  make  their  remarks  on 
each,  and  lay  them  before  the  Legislature,  on  the  first  day  of  their  meeting 
thereafter. 


See  No.  61. 


ACTS    AND    RESOLUTIONS.  113 

Resolved,  That  in  future,  all  accounts  exhibited  against  this  State,  shall  be  certified  by  known 

•  '  °  officers. 

certified  by  such  oflicers  only  as  are  known  in  law,  and  who  directed  the  respective 

duties  and  services  to  be  performed  for  the  public;  and  said  accounts  shall  also 

be  attested,  which  attestation  shall  be  subscribed  to  by  the  parties  making  the  Attested  in  form. 

demands,  and  to  be  as  follows : 


District,  ) 

)      Personally  appeared,  [the  party's  name]  before  me,  [the 


Magistrate's  name]  who,  after  being  duly  sworn  upon  the  Holy  Evangelists  of 

Almighty  Grod,  (or  affirm,  as  the  case  may  be,)  and  saith  that  the  above  (or 

within)  account  of dollars  and cents,  is  truly  and  justly  due  him  from 

the  State  of  South- Carolina,  and  that  he  has  never  received  any  part  thereon, 

either  by  discount  or  otherwise,  directly,  or  indirectly. 

Witness  my  hand.  A.  B. 

Sworn  before  me,  this day  of .  ) 

C.  D.,  Justice  of  the  Peace.      } 

Resolved,  That  in  future,  all  accounts  against  this]State,  that  are  not  deliv- 
ered in,  and  authenticated,  in  the  manner  prescribed  by  the  above  resolutions,  Not  provided  for 

otherwise. 

shall  not  be  provided  for  in  the  tax  bill  of  that  year. 


Extract  from-  the 
Appropriation  Act — October,  1823.    p.  28.  No  92# 


Sec.  12.  That  from  and  after  the  passing  of  this  Act,  no  Magistrate  shall  !SS5i«2?«S 
receive  any  fees  whatever,  in  criminal  cases,  from  the  State,  unless  the  whole  tmaStVaX* 
proceedings  shall  have  been  returned  to  the  Clerk  of  the  Court ;  and  unless  bills 
of  indictment  be  preferred,  or  the  proceedings  stopped  at  the  instance  of  the 
State.    Provided,  That  nothing  herein  contained,  shall  extend  to  the  fees  which  JSS! in  trial  of 
any  Magistrate  or  Constable  may  be  entitled  to,  in  the  trial  of  any  slave  or 
person  of  color. 
15 


114  ACTS   AND    RESOLUTIONS. 

Extract  of  the 
No.  93.  Appropriation  Act — October,  1827.    p.  13. 


cierk,  sheriff,  or  Sec.  7.  That  after  the  passing  of  this  Act,  no  Clerk  of  the  Court,  Sheriff  or 
^io^houtoath  Jailer,  shall  be  entitled  to  receive  any  fees  from  the  State,  in  any  criminal  case, 
charge  for  inability,  where  the  defendant  shall  be  convicted,  unless  they  make  oath  that  such  defend- 
ant has  been  discharged,  from  inability  to  pay  costs. 
sSntordijau!r  ^ec.  $•  ^nat  no  Sheriff  or  Jailer  shall  be  entitled  to  fees  for  dieting  prison- 
Sit!'  anT^reiease-  ers,  unless  they  forward  with  their  accounts  the  commitments  and  releasements 

ments. 

of  the  Magistrates. 

For  Fee  Bills,  see  Acts  1791.     1.  Faust,  p.  3;  1827.  p.  55. 


PRINTING    OF     RESOLUTIONS     CONCERNING 
GENERAL  ELECTIONS. 


No.  94.  RESOLUTION— 1830.     p.  34. 


Directs,  concerning  the  Resolutions  in  relation  to  General  Elections  : 

with  Acts.  1st.  That  the  said  Kesolutions  be  printed  with  the  Acts  of  the  Legislature, 

and  attached  to  the  same, 
one  paper  in  char-      2d.  That  they  be  published  in  one  of  the  Charleston  papers,  at  the  usual  time 

of  giving  notice  of  the  General  Elections. 

3d.  That  in  each  other  District,  where  a  Gazette  is  published,  so  much  of 

the  said  Resolutions  as  relates  to  the  District  in  which  the  Gazette  is  published, 

shall  be  published  in  the  same,  the  usual  length  of  time  before  the  election ; 

but  in  no  instance  shall  the  publication  be  in  more  than  one  Gazette  in  each 

District. 


So  much  as  relates 
to  other  Districts. 


ACTS   AND    RESOLUTIONS.  115 

RESOLUTION— 1837.     p.  57. 

Resolved,  That  Managers  of  Elections  throughout  the  State  be  restrained 


Not     more      than 


from  publishing  notice  of  Elections,  in  the  newspapers,  more  than  twice  a  week  twice » week  for  one 
for  one  month,  and  on  the  days  of  Election. 


RESOLUTION— 1838.     p.  161. 

Resolved,  That  Managers  of  Elections  for  the  Parishes  of  St,  Philip  and  St. 
Michael,  be  restrained  from  publishing  notice  of  Elections,  in  more  than  one  of  0nIy  one  pa      ^ 
the  newspapers  of  the  city  of  Charleston ;  and  that  the  publication  shall  be  made 
in  conformity  with  the  Resolutions  heretofore  adopted  by  this  Legislature,  for 
which  service  the  proprietor  of  said  paper  shall  be  paid  the  sum  of  fifty  dollars,  for  $50. 

Resolved,  That  in  each  other  District,  where  a  Gazette  is  published,   the 
proprietor  thereof  shall  receive  the  sum  of  twelve  dollars  and  fifty  cents,  for  $12  50  in  other  Dis- 
publishing  so  much  of  the  notice  of  Elections,  as  relates  to  the  District  in  which 
said  Gazette  is  published. 


PRINTING. 


REPORT  ADOPTED— 1838.     p.  145.  No    95 


The  Joint  Committee,  to  whom  was  referred  the  report  of  the  Librarian, 
submitting  the  proposals  made  for  the  public  printing,  have  had  the  same  under 
consideration,  and  recommend  that  the  proposals  of  A.  H.  &  W.  F.  Pemberton 
be  accepted.     That  a  Reporter  be  appointed  by  each  House,  to  prepare  an  g«^ter  for  eaoh 
accurate  statement  of  the  daily  proceedings,  which  shall  be  printed  and  laid  on  D[lty- 
the  tables  of  the  Members,  on  the  following  day,  for  which  the  Printer  shall  be 


116  ACTS    AND    RESOLUTIONS. 

salary.  paid  ($25)  twenty-five  dollars,  as  heretofore.     That  the  Exporters  be  paid  the 

sum  of  ($150)  one  hundred  and  fifty  dollars  each,  for  each  session,  and  that  the 
pay  of  one  of  them  be  deducted  from  the  pay  of  the  Printer ;  and  that  the  addi- 
tional Reporter  required,  be  otherwise  provided  for.     And  that  it  shall  be  the 

index  to  Acts  and  duty  of  the  Reporters  to  make  an  Alphabetical  Index  to  the  Acts  and  Resolu- 

Resolutions.  . 

tions  of  the  Legislature,  at  the  close  of  each  session,  to  be  published  with  the 
pamphlet  edition,  by  the  public  Printer. 

See  Resolution,  1836,  p.  129,  directing  the  printing  of  the  Journals,  daily. 


No    9g  JOINT  RESOLUTION— 1826.     p.  43. 


Resolved,  That  the  Clerk  of  the  House  of  Representatives,  and  the  Clerk  of 
printed.  the  Senate,  shall  cause  to  be  printed,  with  the  Acts,  besides  the  Reports  and 

Resolutions  which  have  passed  both  Branches  of  the  Legislature,  all  such  Re- 
ports and  Resolutions,  which  have  been  adopted  by  either  Branch,  and  do  not 

Certain  resolutions  .,  .,,         ,,  .  ,      ,  ,  ,    , 

of  one  House.        require  the  concurrence  of  the  other,  as  require  any  enquiry  to  be  made,  or  duty 
to  be  performed,  by  any  Member  of  the  Legislature,  or  other  public  officer. 

See  Appropriation  Acts,  requiring  the  Printing  of  the  Acts,  Journals  of 
both  Houses,  Reports  and  Resolutions  agreed  to,  the  Governor's  Message, 
Reports  of  the  President  of  the  Bank,  and  of  the  Comptroller  General,  with 
the  usual  accompanying  documents. 


ACTS    AND    RESOLUTIONS.  117 

PENSIONS. 

Extracts  from 
An  Act  to  authorize  the  Treasurers  to  pay  certain  persons  therein       No.  97. 

MENTIONED,  THEIR  ANNUITIES,  AND  REGULATING  THE   PAYMENT   OF    AnnUI- 

tants. — 2  Faust,  311. 

Page  312.  That  the  Treasurers  be,  and  they  are  hereby  authorized  and  re-  2HJ"JJ  x£x 'en- 
quired, to  draw  orders  on  the  Tax  Collectors  of  the  District  in  which  each  of  the  lectors' 
annuitants,  entitled  to  the  public  bounty,  may  reside,  in  his  or  her  favor,  for  the 
amount  which  may  be  due. 

Tax  Collector  to  pay  "to  the  drawer  only,  and  not  to  his  or  her  Agent, 
Attorney,  or  Assignee" 

Page  313.  That  the  Treasurers  shall  not  draw  any  order  in  favor  of  any 
annuitant,  until  he  or  she  shall  have  produced,  or  cause  to  be  produced,  a  certi-  certificate  that  an- 

A  *  nuitant  is  alive. 

ficate,  signed  by  one  Member  of  the  Legislature  and  two  Magistrates,  that  the 
person  in  whose  favor  the  order  is  to  be  drawn,  is  still  living,  and  stating  in 
what  district  he  or  she  resides. 


An  Act  for  the  relief  of  the  Widows  and  Orphans  of  such  persons  who       n0,  gs. 

DIED,    OR   WERE   KILLED,    OR   WHO   HAVE    DIED   BY    DISEASES   CONTRACTED   IN 

THE    LATE    WAR    BETWEEN   THE    UNITED    STATES   OF     AMERICA     AND  GREAT 

Britain.— 1815.     p.  35. 

A  widow  shall  receive  $30,  and  every  child  $20  per  annum :  Provided,  That  widow  $30;  child 
the  pensions  shall  cease,  to  the  widow,  upon  her  marriage  with  any  other  person, 
and  to  a  child,  upon  its  attaining  the  age  of  twelve  years. 


118  v  ACTS    AND    RESOLUTIONS. 

oath  of  widow.  Oath  of  widow  to  be  taken,  certified  by  the  two  Justices,  and  the  commanding 

officer  of  the  detachment  in  which  the  deceased  served ;  whereupon,  the  widow 
and  children  shall  be  placed  on  the  pension  roll. 

in  actual  service  of  The  widows  and  children  of  those  called  into  the  service  of  the  United  States, 
to  be  entitled  to  the  benefit  of  the  Act,  unless  an  adequate  provision  for  them 
be  made  by  the  United  States ;  if  the  provision  made  by  the  United  States 
should  be  less  than  this,  then  the  difference  shall  be  paid  to  such  widows  and 
children,  out  of  the  Treasury  of  this  State. 


No.  99.      An    Act    to    increase  the  pensions   of    certain    persons  within  this 
State.— 1816.     p.  30. 

Whereas,  the  Pensioners  of  the  Revolutionary  War,  now  living,  who,  from 

their  advanced  age,  have  become  unable  to  work,  and  have  no  means  whereby 

to  maintain  themselves,  shall  be  entitled  to  the  following  increase  of  annuity, 

upon  the  conditions  herein  set  forth : 

Revolutionary  Pen-      Be  it  enacted,  That  from  and  after  the  passing  of  this  Act,  each  Pensioner  of 

sioner.  *■  ° 

the  Revolutionary  War,  who  shall  produce  from  under  the  hands  and  seals  of 
Three  justices  and  three  Justices  of  the  Quorum,  or  of  the  Peace,  and  one  Member  of  the  Legisla- 

one  Member.  O 

ture  of  the  District  wherein  such  Pensioner  may  reside,  that  said  Pensioner  is  of 
Good  character.  g00(j  character,  and  in  their  opinion  entitled  to  an  increase  of  annuity,  shall  be 
no.  60.  entitled  to  receive,  annually,  the  sum  of  sixty  dollars ;  any  law,  usage,  or  custom, 

to  the  contrary  notwithstanding. 

See  Nos.  100,  102, 


No.  100.  JOINT  RESOLUTION— 1826.     p.  59. 


Resolved,  That  after  the  adjournment  of  the  Legislature,  no  application  for 
ermo  app  ca  wn  a  pengjon  g^^j  jje  granted,  unless  the  applicant  swears  to  the  facts  set  forth  in 


ACTS   AND   RESOLUTIONS.  119 

his  or  her  petition,  and  shall  produce  the  affidavit  of  one  or  more  respectable 
persons,  that  the  petitioner  was  a  faithful  soldier  of  the  Revolutionary  War ;  and 
the  person  or  persons  qualifying  them,  shall  certify  as  to  their  credibility;  and 
the  petitioner  shall  render  in  a  schedule  of  his  or  her  property,  on  oath,  and  shall 
annex  the  same  to  his  or  her  petition. 


EXTRACT  FROM  A  JOINT  RESOLUTION--1833.     p.  11.  No    101- 


Recommending  that  no  person  receiving  a  pension  from  the  United  States 
Government,  shall  receive  a  pension  from  this  State ;  and  it  shall  be  the  duty  of 
the  Treasurers  of  this  State,  not  to  pay,  or  issue  any  draft  upon  the  Tax  Col- 
lectors, until  each  male  pensioner  of  the  Revolutionary  War  swear,  he  or  they 
are  not  on  the  pension  roll  of  the  United  States ;  and  that  no  person  receive  a 
pension  from  this  State,  from  and  after  the  first  day  of  March  next,  in  advance, 
except  widows  and  orphans  of  wounded  soldiers,  agreeable  to  the  law  of  the 
State,  now  in  force ;  also,  the  wives  and  widows  of  Revolutionary  soldiers  and 
officers,  at  the  time  of  and  during  the  Revolutionary  War. 

Resolved,  That  no  person  receive  a  pension  from  this  State,  but  the  above 
recognized  persons. 

Applicants  recommended  to  present  their  claims  to  United  States,  and  all 
Revolutionary  officers  and  soldiers  to  be  stricken  from  the  roll  of  this  State, 
after  1st  March,  ensuing. 


ACT  1834.     Ch.  10.  p.  18.  No>  102> 


1.  All  Revolutionary  pensioners  to  be  stricken  from  the  pension  roll  of  the 
State,  after  1st  March,  1836. 

2.  All  pensioners  of  United  States  to  be  stricken  from  roll. 

3.  Every  one  who  served  in  this  State,  during  the  Revolutionary  War,  for 
less  than  six  months,  to  receive  a  pension  proportionate  to  his  rank. 


120 


ACTS   AND    RESOLUTIONS. 


Widows  of  Revolu- 
tionary soldiers. 


Marriage. 


Facts  requisite. 


Sec.  4.  That  the  widows  of  those  commissioned,  non-commissioned  officers 
and  privates,  who  served  in  this  State  during  the  Revolutionary  War,  who  were 
married  at  any  time  during  the  service  of  such  commissioned,  non-commissioned 
officer  or  private,  shall  be  entitled  to  receive,  out  of  the  public  treasury  of  this 
State,  the  sum  of  thirty  dollars  per  annum  :  Provided,  That  such  pensions,  to 
every  such  widow,  shall  cease,  upon  her  marriage  with  any  other  person  ;  and 
that  no  such  widow,  who  has  contracted  marriage  since  the  death  of  such  com- 
missioned, non-commissioned  officer  or  private,  be  entitled  to  receive  such 
pension. 

5.  Applications  to  be  made  "  by  petition  to  the  Legislature,"  and  to  shew 
that  the  petitioner  has  made  application  to  the  United  States,  and  the  result  of 
it,  or  "  to  shew  sufficient  cause  for  not  making  such  application,  together  with 
such  facts  as  are  requisite  to  entitle  said  petitioner  to  receive  the  benefit  of  this 
Act." 

6.  The  Resolution  of  1833,  suspended  until  1st  March,  1836,  (except  as  to 
those  who  receive  pensions  from  the  United  States)  nothing  in  the  Act  to  be 
repugnant  to  the  Act  of  1815,  in  favor  of  widows  and  orphans. 

7.  Notice  to  be  given  through  the  Sheriffs,  to  all  the  pensioners,  that  they  will 
be  stricken  off,  1st  March,  1836. 


No.  103. 


ACT  1835.     Ch.  16.  p.  44. 

Sec.  1.  Suspends  the  1st  section  of  Act  of  1834,  until  1st  March,  1837,  when 
all  the  Revolutionary  Pensioners  to  be  stricken  from  the  roll. 
Sec.  2.  Requires  notice  to  be  given. 

comptroller  Gener-      Sec.  3.  That  it  shall  be  the  duty  of  the  Comptroller  General  to  make  an 
report  of  pensioners  annual  report  to  this  House,  of  the  names  of  the  pensioners  of  this  State, 


ACTS   AND   RESOLUTIONS.  121 

ACT  OF  1836.     Ch.  62.  p.  62.  No.  104. 


Repeals  the  first  section  of  the  above  Act  of  1834,  and  the  1st  section  of  the 
above  Act  of  1835,  and  directs  that  the  names  of  all  the  Revolutionary  Pen- 
sioners struck  off,  or  that  would  have  been  struck  off  under  the  above  Acts — 
"  Be  restored  to,  and  continued  on  the  said  pension  roll,  except  the  names  of  ^*fgs|^^^ 
such  persons  as  have  been  placed,  and  are  now  on  the  pension  roll  of  the  United  • 

States  of  America." 


FREE  SCHOOLS. 


Extracts  from 

"An  Act  to  establish  Free  Schools  throughout  the   State. — Passed     No.  105. 
1811.     (Pamphlet,  p.  27.)  

Be  it  enacted,  fyc.  That  immediately  after  the  passing  of  this  Act,  there  shall 
be  established  in  each  Election  District  within  this  State,  a  number  of  Free  Number   of  Free 

Schools    equal    to 

Schools,  equal  to  the  number  of  Members  which  such  District  is  entitled  to  send  Members. 
to  the  House  of  Representatives,  in  the  Legislature  of  this  State. 

That  for  the  support  and  maintenance  of  the  said  Free  Schools,  the  sum  of 
three  hundred  dollars  per  annum,  for  each  School,  is  hereby  and  forever  appro-  $300  for  each  school 
priated,  to  be  paid  out  of  the  Treasury  of  this  State,  in  the  manner  hereinafter 
directed,  until  other  sufficient  funds  may  by  law  be  provided. 

That  for  the  purpose  of  carrying  this  Act  into  effect,  there  shall  be  appointed 

1       A  *      °  l  L  Commissioners,  not 

a  number  of  Commissioners,  in  each  Election  District,  which  number  shall  not  JJJgSSu?  nor 
be  less  than  three,  nor  more  than  thirteen. 

That  the  said  Commissioners  shall  be  appointed  by  the  Legislature,  by  no-  Nominated  by  Le- 

gislature,  for  three 

mination,  and  shall  continue  in  office  three  years  from  the  time  of  their  appoint-  years. 
ment,  and  until  a  new  appointment  shall  be  made. 
16 


122 


ACTS    AND    RESOLUTIONS. 


joumai?  t0  keep      That  the  Secretary  of  each  Board  of  Commissioners  shall  keep  a  regular 
journal  of  the  transactions  of  said  Board,  which  shall  he  always  open  to  the 
open  to  Legislature  inspection  of  the  Legislature. 

That  every  Board  of  Commissioners  throughout  the  State,  shall,  at  their 
quarterly  meeting,  on  the  fourth  Monday  of  October,  in  each  year,  make  a  re- 
Return  to  Legisia-  gU]ar  retum  to  the  Legislature,  or  to  any  person  whom  the  Legislature  may 
appoint,  of  the  number  of  months,  during  the  year  preceding  their  said  meeting, 
which  each  School  in  their  respective  Districts,  has  been  open  for  the  reception 
of  scholars ;  of  the  number  of  scholars  that,  during  each  quarter,  attended  the 
respective  Schools ;  of  the  sums  drawn  for,  on  account  of  each  School,  with  the 
date  of  the  drafts ;  and  may  transmit  any  observations  of  the  Schools,  which  may 
appear  to  them  necessary  or  important. 


Number  for 
District. 

each      That  the  number  of  Commissioners  of  Free  Schools,  in  each  Election  District, 

throughout  the  State,  shall  be  as  follows : 

For  St.  Philip's  and  St.  Michael's, 

13 

For  St.  Andrew's, 

3 

« 

St.  John's,  Colleton, 

5 

"     St.  Peter's, 

5 

u 

Prince  William's, 

5 

"     St.  Stephen's, 

3 

<< 

Winyaw, 

9 

"     Liberty, 

5 

" 

All  Saints, 

3 

"     St.  James',  Santee, 

5 

<« 

St.  James',  Goose  Creek, 

3 

"     St.  John's,  Berkley, 

7 

M 

St.  Paul's, 

5 

"     St.  George,  Dorchester, 

3 

u 

Williamsburgh, 

5 

"     St.  Bartholomew's, 

9 

(( 

Kingston, 

3 

"    St.  Thomas  &  St.  Dennis, 

3 

<( 

St.  Helena, 

5 

"    Christ  Church, 

3 

CI 

St.  Luke's, 

5 

"    Abbeville, 

11 

u 

Barnwell, 

7 

"    Chester, 

7 

cc 

Clarendon, 

5 

"     Claremont, 

7 

(( 

Chesterfield, 

3 

"     Darlington, 

5 

H 

Edgefield, 

13 

"     Fairfield, 

9 

U 

Greenville, 

9 

"     Kershaw, 

5 

H 

*  Saxegotha, 

5 

"    Lancaster, 

5 

(( 

Lewisburg, 

3 

"    Laurens, 

9 

M 

Marlborough, 

5 

"     Newberry, 

9 

<( 

Orange, 

5 

"     Pendleton, 

13 

ii 

Richland, 

5 

"     Spartanburgh, 

9 

U 

Union, 

7 

"    York, 

7 

*  Increased  to  12,  by  Act  1836,  p.  83. 


ACTS   AND    RESOLUTIONS  123 

Extract  of 
An  Act  to  raise  Supplies  for  1823.    p.  5.  Sec.  8.  No.  106. 


That  the  Comptroller  General  shall  not  hereafter  be  required  to  draw  any  SJEStafJe!? 
warrant  on  either  of  the  Treasurers  of  this  State,  in  favor  of  any  free  School,  sary' 
but  that  the  said  Treasurers,  respectively,  shall  have  full  power  and  authority  '£^tsur0^  £tJ£[. 
to  pay  off  and  discharge,  any  order  that  may  hereafter  be  drawn  upon  them,  by  SK 
any  set  of   Commissioners  of  Free  Schools  within  his  Division,  without  any 
warrant  from  the  Comptroller  General,  for  that  purpose :  Provided,  The  Com- 
missieners  drawing  such  order,  specify  in  their  said  order,  the  name  and  number  what  nsnaiispeci- 
of  the  School,  and  the  name  of  the  Teacher ;  and  in  no  case  shall  the  said  Com- 
missioners draw  for  more  than  is  actually  due,  or  less  than  one  quarter's  salary 
except  upon  final  settlement. 

That  the  Treasurers  shall  in  no  ease  pay  off  or  discharge  any  order  which  2ST3taf*o» 
shall  or  may  be  drawn  upon  either  of  them,  by  any  set  of  Commissioners  for  Saturn.  have 
Free  Schools,  within  this  State,  unless  the  said  Commissioners  shall  have  made 
a  satisfactory  return  to  the  Legislature,  as  required  by  law. 

That  if  any  Board  of  Commissioners  of  Free  Schools  shall  neglect,  unless  ggh'ffl*,fci*r 
upon  good  and  sufficient  excuse,  to  make  a  return  to  the  Legislature,  as  now  ment  and  removal. 
required  by  law,  then  and  in  that  case,  each  and  every  Member  of  the  Board,  so 
defaulting,  shall,  upon  conviction,  by  indictment,  pay  a  fine  of  fifty  dollars ;  and 
may  be  removed  from  office  by  joint  resolution  of  the  Legislature;  and  the 
report  of  the  Joint  Committee  of  both  Houses,  on  Education,  shall  be  deemed 
and  taken  as  conclusive  evidence  of  their  failure  to  make  return,  unless  the  con- 
trary shall  be  shewn  by  the  said  Commissioners. 

That  it  shall  be  the  duty  of  the  Comptroller  General  to  direct  the  Solicitor  of  £TffitorS°  * 
the  Circuit  in  which  such  Commissioners  reside,  to  bring  suit  in  any  Court  having  accounted  for. 
competent  jurisdiction,  for  the  recovery  of  all  sums  drawn  by  any  Board  of 
Commissioners  of  Free  Schools,  on  account  of  the  Free  School  Fund,  and  which 
they  shall  not  have  accounted  for  by  a  regular  return ;  and  the  said  Commission- 
ers, and  each  and  every  of  them,  are  hereby  declared  liable  for  the  re-payment 
of  the  same. 


* 


& 


124  ACTS    AND    RESOLUTIONS. 

No.  107.  EXTRACT  FROM  RESOLUTION— 1828.     p.  37. 

comptroller    shall      Resolved,  That  it  shall  be  the  duty  of  the  Comptroller  General  to  keep  regular 

keep  account  with  *  »  i       o 

port  to£cfita&  aecounts  with  the  Commissioners  of  Free  Schools  of  each  District  and  Parish  in 
this  State,  and  to  report  the  state  of  such  account  to  the  Legislature,  at  the 
commencement  of  each  regular  session. 

Resolved,  That  the  Comptroller  General  do  hereafter  deliver  the  requsite 
blank  returns,  to  the  Senators  of  each  District  and  Parish,  and  to  one  or  more 
of  the  Kepresentatives  of  each  District,  to  be  by  them  delivered  to  the 
Commissioners. 

See  No.  109. 


No.  108.  JOINT  RESOLUTION— 1829.  p.  43. 


commissioners  mav      Resolved,  That  the  different  Commissioners  of  Free  Schools  throughout  the 

apply  for  unexpend-  ° 

etoaiances.  State,  whenever  unexpended  balances,  formerly  standing  to  their  credit,  have 

been  withdrawn,  be,  and  they  are  hereby  authorized  and  requested,  if  they 
should  be  able  to  expend  said  sums  advantageously,  to  apply  for  the  sum,  or 
such  part  thereof,  as  they  may  think  desirable,  at  the  next  Session  of  the 
Legislature ;  and  that  they  state  in  such  application,  the  use  they  may  propose 
to  make  of  the  money,  if  granted  to  them. 


No.  109.  JOINT  RESOLUTION— 1834.  p.  44. 


Treasurer  to  distri-      Resolved,  That  the  Treasurer  of  the  Upper  Division  of  the  State,  be,  and 

bute  blank  return,  . 

with  Acts.  ke  js  hereby  authorized  and  required,  to  have  printed  in  proper  form,  500  blank 

Returns,  for  the  use  of  the  several  Boards  of  Commissioners  of  Free  Schools 
in  this  State,  in  order  that  said  Commissioners  may  make  their  returns  in  regu- 
lar form  to  the  Legislature ;  and  that  he  cause  the  same  to  be  equally  distributed 


ACTS   AND    RESOLUTIONS  125 

to  each  of  said  Boards  of  Commissioners,  by  sending  them  to  the  Clerks  of 
the  Courts  of  each  District,  at  the  time  the  Acts  of  the  Legislature  are  sent. 

See  Act  1835.  p.  14,  concerning  the  Free  Schools. 


TRUSTEES  OF  THE  SOUTH  CAROLINA 
COLLEGE. 


An  Act  to  alter  and  amend  an  Act,  entitled  "An  Act  to  establish     No.  110. 
a  College  at  Columbia." — 1825.  Ch.  12.  p.  51. 

Sec.  1.  Be  it  enacted,  fyc.  That  from  and  after  the  passing  of  this  Act,  Trustees- 
the  Board  of  Trustees  of  the  South  Carolina  College,  shall  consist  of  the 
G-overnor  and  Lieutenant  Governor  of  the  State,  the  President  of  the  Senate, 
the  Speaker  of  the  House  of  Representatives,  the  Judges  of  the  Court  of 
Appeals,  the  Circuit  Judges  of  the  Court  of  Law,  and  the  Chancellors,  ex  officio,  SWffifc/SwiS 
together  with  twenty  other  persons,  to  be  elected  by  joint  ballot  of  the  Senate  f0yuryeaL.    ot'  °r 
and  House  of  Representatives,  to  continue  in  office  four  years,  and  until  others 
shall  be  elected. 

Sec.  2.  That  from  and  after  the  passing  of  this  Act,  nine  Members  shall  Nine  a  quorum, 
constitute  a  Quorum  of  the  Board  of  Trustees,  sufficient  for  the  transaction  of 
any  business  relative  to  the  said  College :  except  it  be  the  appointment  of  an 
officer  in  the  same,  which  shall  be  done  only  at  the  annual  meeting,  and  when 
a  majority  of  said  Board  are  present. 


Act  1811,  p.  80,  directs  that  the  stated  meeting  of  the  Board  of  Trustees, 
shall  be  held  on  the  Wednesday  next  after  the  fourth  Monday  in  November,  in 
each  year;  that  no  vacancy  in  the  Offices  of  the  College,  shall  be  filled,  unless 
at  the  stated  meeting :  Provided,  That  at  an  occasional  meeting,  the  vacancy 
may  be  filled  until  the  stated  meeting,  and  no  longer. 


•*■ 


126  ACTS   AND   RESOLUTIONS. 

Act  1801.  2  Faust,  p.  406,  gives  to  the  President  of  the  said  College,  and 
four  of  the  Trustees,  power  to  call  occasional  meetings  of  the  Board,  whenever 
it  shall  appear  to  them  necessary. 


No.  in.*  JOINT  RESOLUTION— 1835.  p.  53. 


Report  Tuition  Resolved,  That  the  Board  of  Trustees  of  the  South  Carolina  College,  do 

report  annually  to  the  Legislature,  the  amount  received  for  tuition,  and  how 
expended. 


No.  112.  JOINT  RESOLUTION— 1838.  p.  128. 


Resolved,  That  the  sum  of  two  thousand  dollars,  together  with  the  surplus 
of  the  Tuition  Fund,  be  annually  appropriated  for  the  increase  of  the  College 
Library :  the  same  to  be  drawn  and  expended  under  the  authority  and  direction 
of  tho  Board  of  Trustees. 


No.  us.    TRUSTEES  OF  THE  ESTATE  OF  DR.  JOHN  DE 
LA  HOWE,  IN  ABBEVILLE  DISTRICT. 


The  Testator  devised  his  Estate  for  the  endowment  of  a  Farm  School,  to  the 
Agricultural  Society  of  South  Carolina,  or  if  the  Society  should  decline,  to 
such  persons  as  the  Legislature  would  be  pleased  to  appoint. 


0 


ACTS   AND   RESOLUTIONS. 
ACT  1805.  p.  87. 


127 


Resignation  of  the  Agricultural  Society,  accepted. 


ACT  1829.    p.  34. 

Board  of  five  Trustees  to  be  appointed  by  joint  resolution  of  both  Branches  fveJfJ|tecst0  be 
of  the  Legislature,  every  four  years :  any  vacancy  to  be  filled  by  the  Abbeville 
Delegation  until  the  next  Session  of  the  Legislature,  and  then  another  appoint- 
ment for  filling  it,  to  be  made  by  joint  resolution,  to  continue  until  a  new  Board 
shall  be  appointed. 

Sec.  7.  That  it  shall  be  the  duty  of  the  Treasurer,  to  make  annual  return  Return  to  or^way, 

J  '  and  report  to  Legis- 

on  oath,  of  the  receipts  and  expenditures  of  the  said  Estate,  to  the  Ordinary  latlire" 
of  Abbeville  District,  which,  before  it  is  presented  to  the  Ordinary,  shall  be 
inspected  and  approved  by  the  Board;  a  copy  of  which  return,  it  shall  be  the 
duty  of  the  Ordinary,  to  transmit  to  the  succeeding  Legislature ;  and  it  shall 
moreover  be  the  duty  of  the  Board,  to  cause  to  be  kept  a  regular  record  of  all 
their  proceedings,  and  annually  to  transmit  to  the  Legislature,  a  faithful  tran- 
script from  the  said  record,  for  the  year  preceding,  accompanied  by  a  copy  of 
the  last  return,  made  by  them  to  the  Ordinary,  and  by  an  exhibit,  shewing  the 
precise  situation  of  the  Estate,  on  the  first  Monday  in  February,  and  the  first 
Monday  in  November,  next  preceding. 


RESOLUTION— 1833.     p.  33. 


No.  114. 


Ordered,  That  in  their  future  returns,  the  Trustees  be  required  to  set  forth  Return  to  shew  the 

....  *  state  of  the  School, 

particularly,  all  their  operations  during  the  last  year,  so  as  to  shew  fully,  the  "* of  the  Funds- 
state  of  the  School,  and  of  the  funds. 


128  ACTS   AND   RESOLUTIONS. 


LUDLAM  SCHOOL  FUND. 


Extract  from 

No.  115.     "An  Act  concerning  the  Ludlam  School  Fund,  and  for  other  fur- 
poses  therein  mentioned." — 1827.     Ch.  23.  p.  71. 

Sec.  5.  That  the  annual  interest  arising  from  the  monies  vested  as  afore- 
said, [in  the  Stock  of  some  one  of  the  Banks  of  the  City  of  Charleston,]  shall 
be  appropriated,  under  the  direction  of  the  said  Vestry,  [of  the  Parish  of  St. 
James,  Goose  Creek,]  to  the  Instruction  and  Education  of  the  Poor  Children 
of  the  said  Parish,  upon  the  principles  and  conditions  of  the  Free  School  system 
Report  to  Legisia-  0f  this  State :  and  it  shall  be  the  duty  of  the  said  Vestry,  to  report  to  the 
Legislature,  annually,  the  state  of  the  fund,  what  interest  it  yields,  and  in  what 
manner  the  same  shall  have  been  expended,  together  with  the  number  of  poor 
children  educated  thereon. 

See  Resolution,  1825.  pp.  102.  114. 
1826.      p.     43. 

1833.  p.     13. 

1834.  p.     10. 


No.  116.  RESOLUTION  ADOPTED  IN  REPORT— 1830.  p.  33. 


Form  of  report.  Resolved,  That  the  Vestry  of  St.  James,  Goose  Creek,  do  report  annually 

to  both  Branches  of  the  Legislature,  the  state  of  the  Ludlam  Fund,  exhibiting 
distinctly  the  principal  and  interest  constituting  the  same,  and  shewing,  by  an 
account  current,  the  amounts  and  dates  of  all  receipts  and  disbursements, 
together  with  the  number  and  names  of  the  poor  children  educated. 


ACTS    AND    RESOLUTIONS. 


129 


CHARLESTON   INSURANCE  AND  TRUST  COM- 
PANY. 

Extract  from  the 

Act  to  Incorporate  the  Charleston  Insurance  and  Trust  Company. 

1836.     Ch.  5.  p.  29.  No-  117' 


Sec.  14.  The  books  of  the  said  Company,  shall  be  examined  from  time  to  iu0ed  by  persoS^a™- 

T        .  ,  „  .  pointed  by  the  Le- 

time,  by  such  person  or  persons,  as  the  Legislature  may  tor  that  purpose  gisiature. 
appoint ;  and  the  person  so  appointed,  shall  have  full  power  to  examine,  upon 
oath,  to  compel  the  attendance  of  witnesses,  and  the  production  of  papers,  and 
inquire  into  the  management  of  the  Company :  and  in  case  of  mismanagement, 
or  violation  of  their  Charter,  the  said  Company  may  be  proceeded  against  by  ^'rertfa"^oked  on 
scire  facias,  in  the  Courts  of  Common  Pleas  and  General  Sessions,  for  Charles- 
ton District,  and  upon  conviction,  shall  be  liable  to  lose  their  Charter,  annulled 
by  the  judgment  of  the  Court. 


THE  UNION  INSURANCE  AND   TRUST  COMPA- 
NY, OF  SOUTH  CAROLINA. 


Extract  from  tfie 

Act  to  Incorporate  the   Union    Insurance   and    Trust   Company,  of     No.  118. 
South  Carolina.— 1828.     Ch.  26.  p.  64.  

Sec.  12.  The  President  and  Directors  of  the  said  Companv,  shall,  whenever  Render  statement 

.  r      J  to  Legislature. 

required  by  the  Legislature,  lay  before  them  a  statement  of  the  affairs  of  the 
Company,  and  submit  themselves,  and  the  books  of  the  Company,  to  such  an 
examination  as  the  Legislature  may  require. 
17 


130  ACTS   AND    RESOLUTIONS. 


ADJUTANT  GENERAL. 


Extract  from 

No.  119.     An  Act  to  provide  for  the  Military  Organization  of  this   State. — 
1833.  p.  13. 


Adjutant  General.      Sec.  2.  There  shall  be  one  Adjutant  and  Inspector  General,  with  the  rank 

of  Brigadier  General.  *  *  *  The  Adjutant  and 

one  elected  by  joint  Inspector  General  to  be  elected  by  ioint  ballot,   by  both  branches  of  the  Le- 

ballot,for4years.  T  ,  'J 

gislature,  to  continue  in  office  for  four  years  from  the  date  of  his  commission 
*         *         *         *         And  the  Adjutant  and  Inspector  General  shall  receive 
salary.  an  annual  salary  of  fifteen  hundred  dollars. 


Extracts  from 

An  Act  further  to  provide  for  the  Military  Organization  of  this 
State.— 1836.  p.  36. 

Military  Bnreau.  gEc.  6.  The  Adjutant  General  shall  keep  a  Military  Bureau,  and  shall  keep 
a  record  of  the  number  and  rank  of  each  Division,  Brigade,  and  Regiment,  in  the 
State — procure  a  record,  annually,  of  a  return  of  the  strength,  arms,  and  equip- 
ments of  the  Militia,  the  names,  rank,  and  date  of  the  commissions  of  all  the 
General,  Staff  and  Field  Officers — record  all  military  orders  received  or  issued 
by  him,  and  generally,  all  matters  which  relate  to  the  Militia,  and  which,  in  his 
opinion,  may  be  necessary  to  enable  him  to  exhibit  the  true  strength,  character, 
and  condition  of  the  Military  force  and  power  of  the  State. 

amP 'Maeazln^re*-      Sec.  7.  He  shall,  once  a  year,  visit  and  inspect  the  Arsenals  and  Magazines 

port  to  Governor,  to  .  *      ^.  -i        •      ani  •  •  t 

te  submitted  to  the  m  the  State,  and  report  to  the  Commander-in-Chief,  to  be  by  him  submitted  to 
the  Legislature,  and  record  in  his  office,  their  condition,  the  number  and  condi- 
tion of  the  arms,  equipments  and  pubic  stores  in  each — the  number  and  descrip- 


ACTS    AND    KESOLUTIONS.  lOl 

tion  of  public  arms  and  equipments,  distributed  to  the  Militia,  each  year,  and 
the  disposition  and  conditions  of  such  distribution — the  strength  of  the  guards 
at  each — the  duties  performed  by  them — their  general  condition  and  efficiency 
to  discharge  the  duties  required  of 'them:  and  to  enable  him  to  perform  this 
duty,  the  Quarter  Master  General,  and  other  officers,  having  charge  of  these  ^theSeto  report  "to 

.  him. 

Departments,  shall,  when  required,  make  to  him  full  reports  of  the  different 
matters  committed  to  their  charge. 

Sec.  8.  It  shaU  further  be  the  duty  of  the  Adjutant  General,  and  he  is  hereby  %5S*J?  offico  at 
required,  to  deposite  in  the  Executive  office,  at  Columbia,  in  a  Bureau  kept  for 
the  purpose,  a  true  record  of  all  matters  relating  to  his  office,  as  is  herein  before 
enjoined. 


JOINT  RESOLUTION— 1836.    p.  149.  No.  120. 


Resolved,  That  the  Governor  be  authorized,  out  of  the  Contingent  Fund,  to 
furnish  the  apartment  in  the  State  House,  lately  occupied  by  the  Branch  Bank, 
and  use  it  as  an  Executive  office.  Executive  office. 


STATUTES  AT  LARGE. 


JOINT  RESOLUTION— 1834.     p.  14.  No#  121< 


The  Committee  on  the  Judiciary,  to  which  was  referred  the  resolution  to 
inquire  into  the  expediency  of  procuring  to  be  compiled  and  published,  the  Statute 
Laws  of  this  State,  now  of  force,  with  a  digested  index  thereto,  and  also  that 
part  of  the  Governor's  Message  on  the  same  subject,  having  had  the  same  under 
consideration,  respectfully  recommend  the  adoption  of  the  following  resolution, 
to  wit : 


132  ACTS   AND    RESOLUTIONS. 

S^Tk^TmI      Resolved,  That  His  Excellency  the  Governor,  be  authorized  and  requested  to 
each  session  pro-  employ  some  fit  and  competent  person  to  compile,  under  his  direction,  the 

gress     and    proper         * 

compensation.  Statute  Laws  of  this  State,  with  a  digested  index  thereto ;  that  he  be  requested 
to  communicate,  at  the  next  session  of  the  Legislature,  the  progress  of  this  work, 
and  the  compensation  he  may  deem  just  and  equitable,  should  be  paid  to  the 
person  thus  employed ;  and  that  the  Governor  be  further  authorized  to  pay, 
from  time  to  time,  such  sum  or  sums,  as  upon  inspection  of  the  work,  he  may 
deem  equivalent  to  the  labor  actually  bestowed  on  the  same,  by  the  person  thus 
employed. 


JOINT  RESOLUTION— 1835.  p.  54. 
commissioners    to      Resolved,  That  James  Gregg,  William  F.  DeSaussure,  andD.  J.  M'Cord,  be 

advise  and  consult.  .         .  .     _■       • 

appointed  Commissioners  to  advise  and  consult  with  Dr.  Thomas  Cooper,  in 
superintending  the  publication  of  the  Digest  of  the  Statutes  of  South- Carolina. 

See  Resolutions  1836,  p.  118 ;  1838,  pp.  88, 125;  and  Appropriation  Acts 
1836,  and  since. 


No.  122. 


•See  Act  1828,  p.  12. 


ANNUAL  APPROPRIATIONS,  WITH  REFER- 
ENCE TO  THE  ORDERS  FOR  TAKING 
THEM. 

i 

Salary  of  Governor,  $3,500  ;  Acts  1828,  p.  12. 

"         Private  Secretary  of  Governor,   $500;   Appropriation  Acts  1832, 

and  since* 
"        Messenger,  $250;  Appropriation  Acts  1832,  and  since.* 
Rent  of  House,  $300;    Appropriation   Acts   1832,   and  since.      See    Act 
1828,  p.  12. 


ACTS    AND    RESOLUTIONS.  133 

Daily  pay  of  Members,  1807,  p.  56. 

Solicitors,  1799,  2  Faust,  p.  270. 
Salaries  of  Clerks  of  Senate  and  House  of  Representatives,    $1,000    each; 
1828,  p.  12. 
"  Messengers  and  Door  Keepers,  $200  each;  1828,  p.  12. 

Reading  Clerks,  $150  each;  1828,  p.  12. 
"  Keeper  of  State  House  and  Librarian,  $700  ;  Res.  1833,  p.  13,  and 

Res.  1836,  p.  118. 
Pay  of  Printers,  1838,  p.  145. 

"       Reporter  of  Legislative  Proceedings,  $150. 
Increase  of  Legislative  Library,  $500;  1814,  p.  55. 
Salaries  of  3  Judges,  $3,500  each;  1817,  p.  41. 
7  Judges,  $3,000  each;  1835,  p.  14. 
Salary  of  Attorney  General,  $1,100  ;  Acts  1828,  p.  12 ;  1837,  p.  42. 
Salaries  of  Solicitors,  $900;  Acts  1828,  p.  22;  1837,  p.  42. 

"        Clerks  of  Courts  of  Appeals,  in  Charleston  and  Columbia,  $600  each ; 

Appropriation  Acts  1831,  and  since;  $300,  1828,  1830. 
"        Messengers  of  the  Court  of  Appeals,  in  Charleston  and  Columbia, 
$250  each;  Appropriation  Acts  1831,  and  since. 
Salary  of  Librarian  of  Court  of  Appeals,  in  Charleston,  $200  ;  1838,  pp.  14,  9. 
Salary  of  Librarian  of  Court  of  Appeals,  in  Columbia,  $200 ;  Appropriation  Act, 

1838,  p.  9. 
Annual  increase  of  Library  of  Court  of  Appeals,  in  Charleston,   $200 ;  Act 

1838,  p.  14. 
Firewood  and  Fuel  for  Court  of  Appeals,  in  Charleston,  $50  ;  Appropriation 
Acts  1837,  and  since. 
"  "         for  Court  of  Appeals,  in   Columbia,   $50 ;  Appropriation 

Acts  1837,  and  since. 
Salary  of  State  Reporter,  $1,500;  Appropriation  Acts  1832,  and  since.     See 

1823,  p.  29,  and  Appropriation  Acts  1823,  1831. 
Daily  pay  of  Jurors,  1836,  p.  63.* 

"  Constables,  1838,  p.  47.*  *see  a<*s  me,  p. 

1  10 ;  1824,  p.  25. 

Salary  of  Comptroller  General,  $2,000 ;  Appropriation  Acts  1835,  and  since. 
See  1828,  p.  13;  1834,  p.  50. 
"      Clerk  of  Comptroller  General,  $750 ;  Act  1828,  p.  12. 
"      Treasurer  of  Lower  Division,  $2,000  ;  Act  1828,  p.  12. 
"      Treasurer  of  Upper  Division,  $1,600 ;  Act  1828,  p.  12. 


134  ACTS   AND    RESOLUTIONS. 

Salary  of  Assessor  for  St.  Philip's  and  St.   Michael's,  $800  ;   Appropriation 
1824,  and  since;  1823,  p.  26,  abolished. 
"      President  of  the  South-Carolina  College,  $3,000 ;  Appropriation  Acts 
1819,  and  since. 

Salaries  of  Professors  of  South-Carolina  College,  $2,500 ;  Kesolution  1836,  p. 
128;  Appropriation  Acts  1836,  and  since;  $2,000,  Appropria- 
tion 1818,  1835. 

Salary  of  Treasurer  of  the  South-Carolina  College,  $600 ;  Appropriation  Acts 

1836,  and  since;  $500,  1835. 

"      of  Librarian,  $600  ;  Appropriation  Acts  1835,  and  since. 
"      of  Secretary  of  Board  of  Trustees,  $200,     " 
"      of  Marshall,  $400, 
Expenses  of  Students  from  Orphan  House,  $400  each;  Appropriation.  Acts 

1837,  and  since ;  $260,  1819,  1836.     See  Act  1811,  p.  41. 
Annual  increase  of  Library,  $2,000 ;  Resolution  1838,  p.  128. 

Insuring  Buildings,  $800 ;  Appropriation  1838 ;  $500,  1828,  1837.     See  Re- 
solution 1835,  p.  50. 
Support  of  Free  Schools,  $37,200;  1811,  p.  28. 

Salary  of  Superintendent  of  Public  Works,  $3,000 ;  Resolution  1837,  p.  55, 
Appropriation  1837,  and  since;  $1,500,  1836;   $1,200,   1831, 
1835 ;  $1,500, 1830 ;  $2,200, 1828, 1829 ;  $3,500, 1822, 1827. 
See  Act  1822,  p.  19,  and  Sup.  of  Pub.  Build.  1822,  p.  49. 
Education  of  Deaf  and  Dumb,  $2,500 ;  1834,  p.  59. 

Salary  of  Adjutant  General,  $2,500;   Appropriation  1836  and  since;  $1,500, 
1828,  p.  12 ;  1833,  p.  13.     See  1836,  p.  36. 
"      Quarter  Master  General,  $500;  Appropriation,  1835,  p.  22. 
«      Arsenal  Keeper,  in  Charleston,  $1,000;     "        1836,  p.  37. 
Columbia,  $400 ;         "        1833,  p.  39. 
"      Physician  of  Jail  and  Magazine  Guard,  Charleston,  $500 ;  1820,  p.  38. 
Arsenal  and  Magazine  Guard,  Charleston.     See  Acts  1832,  p.  43,  1822,  p.  9  ; 
$19,000,  1837-8;  $17,500,  1836;  $16,500,  1835;  1832,  p.  4,  in- 
cluded in  general  appropriation  for  military  purposes ;   deficiency  sup- 
plied, 1837,  p.  9 ;  1838,  p.  11. 
Arsenal  and  Magazine,  Columbia.     See  Acts  1833,  p.  39;  $10,000,  1837-8; 
$9,137,1836;  arrearages  supplied,  1837,  p.  9.     See   1833,   p,  10; 
1838,  p.  127. 
Port  Physician,  Charleston,  $800 ;  1828,  p.  14. 


ACTS    AND    RESOLUTIONS.  135 

Execution  of  Quarantine  Laws  of  Charleston,  $1,000 ;  Appropriation  Acts 

1829,  and  since.     See  1832,  p.  54. 
Support  of  the  Transient  Poor  in  Charleston,   $4,500 ;  Appropriation   Acts 

1829,  and  since. 
Support  of  the  Transient  Poor   of  Georgetown,  $400;  Appropriation  Acts 

1829,  and  since. 
Pilot  of  Georgetown,  $320;  1828,  p.  13. 
Superintendent  of  Fire  Proof  Building  in  Charleston,  $100 ;  Appropriation 

1833,  and  since.     See  1828,  p.  11;  1826,  p.  13;  Kesolution 

1822,  p.  102;  1827,  p.  44;  1837,  p.  54. 
Ferry  over  Elliott's  Cut,  $200,  Appropriation  1837-8;  $100,   1833,   1835; 

$150,  1832. 
Salary   of  Compiler  of    Statutes  at  Large,   $2,500;    Appropriation   1835, 

and    Since.  *  .  gee    Resolutions 

Salary  of  Clerks  to  do.  $500 ;  Appropriation  1835,  and  since.  *  «.  'p- 


INDEX 


TO    THE 


ACTS    AND    RESOLUTIONS. 


Reference  is  made  both  to  the  number  and  pages  of  this  compilation. 


N  umbei 

Page; 

Absent  Members         - 

9 

51 

Accounts,  contingent 

-    • 

90-94 

112-115 

"        to  be  returned  and  examined     - 

64,  61, 53,  91 

94,  91,  85, 112 

Act  as  distinguished  from  Resolution 

- 

15-16 

56-7 

"    appropriations  made,    debts  discharged, 

rights 

of 

State  conveyed,  must  be  by 

- 

16 

57 

Acts,  printing  and  distribution  of 

- 

10-12 

53,54 

"     Index  to         - 

- 

95 

116 

Adjutant  General 

- 

119 

131 

Appointment  by  House :  Reporter 

- 

95 

115 

Appointments  by  joint  resolution 

"             Commissioners  of  Public  Buildings 

77 

101 

"                     "              to  approve  securities, 

81 

104 

"                    "              of  Free  Schools 

- 

105 

121 

"            Justices  of  the  Peace  and  Quorum 

85 

108 

"            Judicial  Magistrates   of  St.  Philip's   i 

wd 

St.  Michael's, 

89 

111 

18 


138  INDEX   TO   THE   ACTS    AND    RESOLUTIONS. 

Number.  Page. 

Appointments  by  joint  resolution 

"  Coroners  -  -  -     83  106 

"  Escheators  -  -  -         84  107 

Printers      -  -  -     95  115 

"  Trustees  of  the  Estate  of  Dr.  DeLaHowe     113  126 

Appropriations,  by  Act,  -  -  -16  56 

"  account  with  each  to  be  kept  by  Trea- 

surer -  -  -     54  87 

"  account  with  each  to  be  kept  by  Comp- 

troller General  64  93 

"  annual,  with    reference    to  orders  for 

making  them        -  -  •■  122  132 

Assessor  .....        73  99 

Attorney  General  and  Solicitors : 

"  "  "  to  be  elected  -     74  99 

«  "  "  ,  bonds  to  be  approved 

by  Comptroller  General        82  105 

"  "  «  leaving  the  State  72  98 

"  "  "  to  sue  defaulting  Tax 

Collectors         -  54  87 

"  "  "  to  inquire  as  to  rep'rts 

of  Commissioners  of  Roads  and  Poor,  and  sue       55  87 

"  "  "  certify  fines  to  Comp- 

troller General,  and  sue,  defaulting  Clerk  57  89 

"  "  "  to  report  to  Comp- 

troller General  debts  due  to  State  54  86 

"  "  "  to  examine  District 

Offices,  and  report      80  103 

"  "  "  salaries  increased  80  103 

B. 

Balance  Sheets  -  -  61,  64  92, 93 

Bank  of  Charleston,  bonus      -  -  -         40  77 

Bank  of  the  State  of  South  Carolina  -  4=4r-52  80,  84 

And  the  following  under  other  heads : 
"  to  pay  instalments  on  the  Subscription  to 

the  Louisville,  Cincinnati  and  Charleston 

Rail  Road        -  34  74 


INDEX   TO   THE   ACTS   AND    RESOLUTIONS. 

Numb< 

Bank  of  the  State  of  South  Carolina 

"  to  pay  instalments  on  the  Subscription  to 

the  South  Western  Kail  Road  Bank,  &c.      40 
"  dividends  of  the  State's  Stock  to  remain 

in  it  at  interest       - 
"  surplus  revenue  in  it,  how  employed,  &c. 

"  to  receive  bonus  of  Bank  of  Charleston. 

"  money  borrowed  for  the  re-building  of 

Charleston,  to  be  deposited  in  it,  and 
become  capital  -  43 

"  to  provide  for  interest  and.  re-payment 

of  principal — Charleston  Loan  -      43 

"  to  report  on  this  fund         -  43 

"  its  profits  pledged,   (after  redemption  of 

other  pledges,)  for  Charleston  -      43 

Banks,  other,  measures  for  keeping  their  bills  at  par,  to 
be  taken  by  the  Bank  of  the  State  of  South 
Carolina  - 

Bonds  of  Public  Officers 

"      of  Coroners  -   ■ 

"     of  Escheators        - 

"     of  South  Carolina  Canal  and  Rail  Road  Company 
Bridges  - 

Business  unfinished  - 


139 

Page. 

76 


40 

76 

42 

78 

40 

77 

79 

79 
79 

79 


52 

84 

75,82 

100, 105 

83 

106 

-   84 

108 

25 

65 

22 

61 

2,3 

45,46 

c. 

Cashier  of  House 
Charleston,  loan  for  re-building 
Charleston  Insurance  and  Trust  Company, 
Charters  and  Acts  of  Incorporation :  notice 

"      for  Roads,  Bridges  and  Ferries 

"       for  Turnpikes 

"      South  Carolina  Canal  &  Rail  Road  Company 

"      Louisville,  Cincinnati  and    Charleston   Rail 
Road  -  -  -     29, 

"      South  Western  Rail  Road  Bank 

"      other  Rail  Road  Companies 


9 

52 

-  43 

79 

117 

129 

-   1 

45 

22 

61 

22,23 

61,63 

1   24 

65 

31,32 

68,  70, 72 

31 

70 

27 

67 

Number, 

Page. 

14 

56 

19 

58 

96 

116 

4 

47 

11 

54 

140  INDEX   TO    THE   ACTS    AND    RESOLUTIONS. 


Clerk  of  House  :  Fees  - 

"  to  put  papers  in  order 

"  to  have  certain   resolutions  printed 

Clerk,  Reading  - 

Clerk  of  District,  to  sell  copies  of  the  Acts 

"  to  receive  and  return  reports  of  Com- 

missioners of  Roads  and  Poor  55,  56  87,  88 

"  to  return  account  of  fines  to  Comp-       / 

troller  General  -  57  89 

how  elected  74  99 

bond        -       •    -  -  82  105 

"  office  to  be  examined  -  80  103 

"  to  send  roll  of  Justices  to  Secretary 

of  State  -  -     87  109 

"  fees  on  conviction         -  93  114 

College,  South  Carolina  -  -  110-112  125-126 

Commissioner  of  Locations        -  -  74  100 

"  special  to  Kentucky  -  -       41  78 

Commissioners  in  Equity        -  -  74,  80,  82,  76       100,  103, 

105, 101 

of  Roads  -  -  21,  55,  56         60,  87,  88 

of  the  Poor        -  -  55,  56  87,  88 

"  of  Public  Buildings,  how  appointed  77  101 

duties  77,  80  101,  103 

"  "  "         to  render  amount  to 

Comptroller  General  -         54,  59,  60,  61    86,  90,  91,  92 

"  "  "         in  Charleston,  (be- 

sides above)  -  70  97 

"  to  approve  securities  -  -     81,  82  104, 105 

of  Free  Schools        -  -  105-109  121,  124 

"  to  represent  the  stock  of  the  State  in 

the  Louisville,  Cincinnati  and  Charleston  Rail 
Road  Company  -  -  36,  37,  38        74,  75,  75 

M  to  represent  the  stock  of  the  State  in 

the  South  Western  Rail  Road  Bank        -  40  77 

"  for  surveying  the  Louisville,  Cincinnati 

and  Charleston  Rail  Road  35  74 

of  Columbia        -  -  59,60,61         90,91,91 


Number. 

Page. 

121 

132 

47 

82 

50 

83 

15 

56 

53-64 

85-93 

INDEX    TO    THE   ACTS   AND    RESOLUTIONS.  141 


Commissioners  to  advise  and  consult  with  Dr.  Cooper 
Committee  to  inspect  Bank 

"         to  nominate  Bank  Directors 
Compensation  of  Members 
Comptroller  General 

And  the  following  under  other  heads ; 
"  "     duty  in  relation  to  the  loan  to  the 

South- Carolina  Canal  and  Rail 
Road  Company  -  25  65 

"  "         "to  the  subscription  to   Louis- 

ville, Cincinnati  and  Charles- 
ton Rail  Road  -  33,34  73, 74 
"                 "         "   to  the  subscription  to  South- 
western Rail  Road  Bank         -     40  76 
"                "         "   to  the  surplus  revenue                  42                      78 
«                 "         "   to  the  loan  for  re-building  of 

Charleston  -  .  43  79 

"  "    to  settle  accounts  of  Commissioners 

for  surveying  Louisville,  Cin- 
cinnati and  Charleston  Rail 
Road  -  -  35  74 

u    to  inspect  accounts  of  Bank,  examine  fully, 

and  report  -         44,  45,  46,  47  80,  81,  82,   82 

"    not  to  be  an  Officer  or  Director  of  any 

Bank  45  81 

"     not  re-eligible  after  four  years  74  100 

"     to  send  blank  bonds  with  Acts  75  100 

"    to  deposite   official  bonds  in  Treasurer's 

office        -  82  105 

"     to  approve  securities  of  Attorney  General 

and  Solicitors         -  -  82  105 

"    to  make  annual  report  of  Pensioners     103  120 

"    to  receive  report  from  Regents  of 

Lunatic  Asylum  -  -     68  96 

"     his  warrant  not  necessary  on  a  Free 

School  draft  -  106  123 

"    to  direct  Solicitors  to  sue  defaulting 

Commissioners  of  Free  Schools     106  123 


142 


INDEX   TO   THE   ACTS    AND  RESOLUTIONS. 


Comptroller  General  to  keep  an  account  with  each  Board 
of  Commissioners  of  Free 
Schools,  and  report  the  state 
of  it  to  the  Legislature 

Constitutional  questions         -  -         - 

Coroners,  appointment,  duties,  &c, 

"        balances  to  be  collected  from  defaulting 

Court  Houses  and  Jails 

D. 

Debts  to  State,  how  discharged 

"         "  to  be  reported  and  collected  59,  60,  61, 

64, 

De  La  Howe  -  - 


2,6 

45,48 

83 

106 

63 

93 

77,80 

101,  103 

16 

57 

> 

90, 

91,  91, 

106 

93, 

102,  123 

113 

126 

E. 

Elections  of  Members,  &c.  - 

"       resolutions  concerning  the  printing  of 
Election  by  House,  Reading  Clerk  - 

Elections  by  Joint  Ballot : 

"  President  and  Directors  of  Bank 

"  Comptroller  General  -         5c 

"  Superintendent  of  Public  Works 

"  Regents  of  the  Lunatic  Asylum 

"  Attorney  General 

"  Solicitors         - 

"  Master,  Commissioners  and  Re- 

gisters in  Equity 
"  Register  of  Mesne  Conveyance 

20  Trustees  of  the  S.  C.  College 
"  Adjutant  General 

"  Assessor  of  St.  Philip's  and  St. 

Michael's 
Elector  of  President  and  Vice  President :  office  of,  does 

not  vacate  seat         -         -  - 

Escheators  - 


7-9 

49-51 

94 

114 

4 

47 

45 

81 

1,71 

85,98 

65 

94 

68 

96 

74 

99 

74 

100 

74 

100 

74 

100 

110 

125 

119 

130 

122 

5 

84 


134 

48 
107 


INDEX    TO   THE   ACTS   AND    RESOLUTIONS. 

Number. 
F. 


143 


Fees  of  Clerk  of  the  House 

"    of  Magistrates  and  District  Officers 
Ferties  -  - 

Fines  - 

Fire-Proof  Building  in  Charleston 
Free  Schools  -  -         - 


14 

56 

92-93 

113-114 

22 

61-62 

57,  77,  80 

89,  101, 103 

70 

97 

105-109 

121,  124 

G. 

Governor,  to   submit  report   of  South- Western  Rail 
Road  Bank         -  - 

to  pay  for  surveys  from  Contingent  Fund 
subscription  to  the  South- Western  Rail  Road 

Bank  confirmed         - 
may  grant  to  officers  leave  of  absence 
may  fill  vacancy  in  Commission  to  approve 
securities         -  -  - 

in  Coroner 
to  commission  Coroner 

"  Escheator 

to  furnish  Executive  office 
to  employ  person  to  compile  the  Statutes 
to  receive  and  submit  report   of  Adjutant 
General        -  - 

to  have  indexes  made,  if  officers  neglect 
Guard  ...  _ 


31 

70 

35 

74 

40 

76 

72 

99 

81 

104 

83 

106 

83 

107 

84 

108 

120 

131 

121 

131 

119 

131 

76 

101 

90 

112 

Indexes 

Insurance  Companies 


76,  95 
117, 118 


101,  116 
129, 129 


J. 


Jailer 

Judge  leaving  the  State 


93,  80,  81 

72 


114, 104 
99 


144 


INDEX   TO    THE    ACTS   AND    RESOLUTIONS. 


Judicial  Magistrates 
Justices  of  the  Peace  and  Quorum 
fees 


Number. 

89 

85,  89 

92 


111 

108,  111 
113 


Legislative  Library            -                                          17-20  57-59 

Librarian        -                                           -                18, 19  57,  58 

"         to  distribute  Acts  and  Statutes,  &c.                     12  54 

Loan  to  South- Carolina  Canal  and  Rail  Road  Company  25,  26  65,  66 

"    to  Louisville,  Cincinnati  and  Charleston  Rail  Road      39  75 

"    for  re-building  Charleston                                            43  79 

Louisville,  Cincinnati  and  Charleston  Rail  Road           28-41  67,  77 

Ludlam  School            -             -             -                            115  128 

Lunatic  Asylum            -             -            -                    68,  69  96, 96 


M. 


Managers  of  Election, 
Master  in  Equity 


7,  8,  9 

74,  80,  82,  76 


Money,  appropriations  of,  to  be  by  Act  16 

"  persons  having  distribution  of  -  59,  60,  61,  64 
See  Comptroller  General,   Commissioners  of  Public 

Buildings,  Commissioners  of  Roads  and  Poor,  and 

Commissioners  of  Free  Schools. 


49,  50,  51 

100,  103, 

105,  101 

57 

90,91,91,93 


N. 


Notice  of  application  for  Charter  or  Incorporation          -  1 

"      of  new  Road,  or  of  application  for  same          -  21 
"      of  application  for  Charter  of  Bridge,   Ferry,  or 

Turnpike            ....  22 


45 
60 

61 


INDEX   TO   THE  ACTS   AND   RESOLUTIONS.  145 

0. 

Number.  Page. 

Ordinaries  -  74, 80,  82, 76        99,  103, 

105,  101 


Pensions        -                     -             ...  97-104  117-121 

President  of  Bank 48,  49  83,  83 

See  Bank  of  tlie  State  of  South-  Carolina. 

Printers -          95  115 

Printing  of  Acts         ....             -  11,  95  53, 116 

of  Resolutions,  &o.            -             -  94,95  114,116 

"        of  Statutes  at  Large             -  121  131 


Rail  Roads        ------  27  67 

"         See  South- Carolina  Canal  and  Rail  Road 

Company  -  -  24-26  65,  66 

"  Louisville,  Cincinnati  and  Charleston  Rail 

Road 28,41  67,77 

Reading  Clerk        ...  4  47 

"      second,  of  bill  to  alter  the  Constitution  6  48 

Recording  Officers        -  -  -        76  101 

Records  Legislative  -;  -  19  58 

"      of  District  Offices        ....         80  104 

Register  in  Equity  -  74,  80,  82, 76      100,  103, 

105, 101 
"     of  Mesne  Conveyances        -         72,  74,  80,  82,  76  98,100, 103 

105,  101 
Reporter  for  each  House        -  -  -  95  115 

Reports  to  the  Legislature : 

"      annual,  from  Comptroller    General,  of  Esti- 
mates, &c.  53,  61  85, 91 
as  to  affairs  of  Bank              47     .  82 
Contingent  Ac'ts.  64,  61,  53,  91  94,  91,  86, 112 
19 


146  INDEX   TO    THE   ACTS   AND    RESOLUTIONS. 

Number,  Page. 

Reports  to  the  Legislature : 

"       annual,  from  Comptroller  General,  of  the  Ac- 
counts of  the  Commis-  N 
sioners  of   Roads    and 
of  Poor               -                 55  87 
"             "                 "         of  the  accounts  of  Com- 
missioners    of     Public 
Buildings,  and  Commis- 
sioneiis  of  Columbia 
"             "                 "        of  balance  sheets        -      61, 
"             "                "         of  the  account  of  the  ap- 
propriation for  the  tran  • 
sient  poor 
"            "                "        debts  due  to  the  State 
"             "                 "of  the    account  of  each 
Board  of  Commissioners 
of  Free  Schools 
"             "                "         of  the  Pensioners     - 
"             "                "        of  the  accounts  of  persons 
having  the  distribution 
of  public  money             64,  61                94,  91 
from  Bank  of  the  State  of  South 
Carolina,  as  to  fund  received 
for  re-building  Charleston             43                      79 
"            "                from  South  Western  Rail  Road 

Bank,  through  Governor  31  70 

"  "  from   the     Adjutant     General, 

through  Governor  •-  119  130 

"  "  from  President  of  the  Bank,  as 

to  the  debts  of  salaried  officers      48  83 

"  "  from  Regents  of  the   Lunatic 

Asylum  -  68  96 

"  "  from  Commissioners  of  Public 

Buildings  in  Charleston,  as  to 
Fire  Proof  Buildings  70  97 

"  "  from  Commissioners  of  Public 

Buildings,  whilst  engaged  in 
contract  -  -  79  102 


54 

86 

L,  64 

92,93 

58 

90 

59 

90 

107 

124 

103 

120 

INDEX   TO   THE  ACTS   AND    KESOLUTIONS.  147 

Number.  Page. 

Reports  to  the  Legislature  : 

"         annual,  from  each  Board  of  Commission- 

ers of  Free  Schools  -         105  122 

" \  "  from  Attorney  General  and  Soli- 

citors, as  to  District  offices  80  103 

"  "  from  Trustees  of  the  South-Ca- 

rolina College,  as  to  the  Tui- 
tion Fund         -  -  111  126 
"             "                from  the  Trustees  of  the  Estate 
of  Dr.  Do  La  Howe,  and  the 
Ordinary  of  Abbeville         -         113  126 
"             "                from  the  Vestry  of  St.  James, 
Goose  Creek,  as  to  the  Ludlam 
School  and  Fund                 115,  116             128, 128 
"             "                 from  City  Council  of  Charleston, 

concerning  the  transient  poor         58  89 

"  "  from  the  Commissioners  of  the 

Poor  for  Prince  George,  Win- 
yaw,  concerning  the  transient 
poor  of  Georgetown  58  90 

Reports  to  the  Legislature;  occasional: 

"       from  Comptroller  General,  of  any  violation  of 

the  Bank  Charter,  or  mismanagement  •,        44  80 

"       from  Comptroller  General,  of  any  default  in  a 

receiver  or  disburser  of  public  monies  59, 60,  61,  64     90,  91,  91,  93 
Reports  from  Treasurer,   of  any  default  in  a  Tax  Col- 
lector -  54  87 
biennial,  from  Committees   of  Inspection,   on 

Bank  and  its  Branches  47  82 

Reports  to  the  Comptroller  General : 

"      from  the  Superintendent  of  Public  Works  66  95 

"       from   any   Turnpike   Company,  in   which  the 

State  may  be  a  Stockholder  -  23  64 

"       of  fines  from  Clerks,  Attorney  General  and  So- 
licitors - 
"      of  Committee  on  the  Legislative  Library 
*»       of  Regents  of  the  Asylum 


57 

89 

20 

59 

68 

96 

. 


148 


INDEX   TO   THE   ACTS    AND    RESOLUTIONS. 


Number.  Page. 

Reports  to  the  Comptroller  General : 

"      of  Commissioners  of  Free  Schools  -  107  124 

"  of  Commissioners  of  Public  Buildings,  of  Co- 
lumbia -  -  .  54  86 

"      of  Commissioners  of  Roads  and  Poor  55  87 

"       of  persons  having  public  money,  or  evidences 

of  debts  -  -  59,60, 61  90, 91, 91 

"       from  Treasurer  of  the  City  Council  of  Charleston       58  89 

"       of  Treasurer,  Attorney  General  and  Solicitors, 

and  others,  as  to  debts  -  -       59  90 

See  Comptroller  General. 

Residence  of  Voter 
Resignation  of  seat 
Resolution,  distinguished  from  Act 

"        certain,  to  be  printed 

"         Index  to  - 

Roads        - 


6 

48 

15,16 

56,57 

96 

116 

95 

116 

21-23 

60,63 

Secretary  of  State :  distribution  of  Acts 
"  to  make  Indexes 

"  leaving  State 

"  roll  of  Justices,  sent  to 

Securities,  Commissioners  to  approve 

Senate,  resolutions  of 

Session,  second  continuance  of  first 

Sheriffs,  balances  from 
"      bonds,  &c.         •• 
"       fees  -  -  - 

Solicitors.     See  Attorney  General  : 

South  Carolina  Canal  and  Eail  Road  Company 

South  Western  Rail  Road  Bank 

State- House  Keeper 

Stahites  at  Large 


12 

54 

-  76 

101 

72 

99 

86 

109 

81,  82 

104, 105 

4,5,6 

47,  48,  48 

2,3 

45,46 

63 

93 

81,82 

105, 105 

93 

114 

24-26 

65,66 

31-41 

70-77 

19 

58 

121,  13 

131,  55 

INDEX   TO   THE   ACTS   AND    RESOLUTIONS. 


149 


Superintendent  of  Public  Works 
Surplus  Revenue 
Surveyor  General 
Surveys  for  Rail  Roads 


Number.  Page. 

65-67,  24  94,  95,  65 

42,  33,  34,  40  78, 73,  74,  76 

72,  76  98, 101 

24,  28,  30, 35  65,  67,  69,  74 


T. 

Tax  Collectors,  defaulting  -  -  54, 63 

"  how  elected  -  -74 

bonds  ■•  -  -       82 

"  drafts  on,  for  pensions  -  97 

Taxes,  years  for  which  collected,  to  be  shewn  -       61 

Taxes  on  slaves,  report  of  -  -  62 

Transient  Poor  -  -  -  -58 

Transient,  Paupers  in  Asylum  69 

Treasurer,  to  distribute  Acts  -  -  11 

"  not  eligible  to  office  of  Comptroller  Gene- 

ral, if  his  accounts  be  unsettled  53 

"  books  open  to  Comptroller  General  -       53 

"  to  furnish   transcripts   and   statements   to 

Comptroller  General  -  -       61 

"  to  keep  account  with  every  appropriation  54 

"  to  report  defaulting  Tax  Collectors  -       54 

"  to  report  to  Comptroller  General  debts  due 

to  State  -  -  59 

"  leaving  State  -  -  72 

"  to  keep  bonds  of  Officers        -  -         82 

"  to  draw  orders  on  Tax  Collectors  for  Pensions      97 

"  to  pay  Free  School  draft,  without  warrant  of 

Comptroller  General,  if  proper  return ;  if 

not,  not  to  pay  at  all        -  -         106 

Trustees,  of  the  South  Carolina  College         -  110-112 

of  the  Estate  of  Dr.  De  La  Howe        -  113 

Turnpike  Roads  -  -  22, 23 


87,93 
99 
105 
117 
92 
92 
90 
96 
53 

86 

85 

92 

87 
87 

90 

99 

105 

117 


123 

125. 126 

126. 127 
61,63 


150  INDEX   TO   THE   ACTS    AND  RESOLUTIONS. 

U. 

Number.  Page. 

Union  Insurance  and  Trust  Company  -  118  129 


V. 

Vestry  of  the  Parish  of  St.  James,  Goose  Creek  115  128 

Voter  ...  8  50 


THE  CONSTITUTION 


OF 


THE  STATE  OF  SOUTH  CAROLINA 


JUNE  3d,  1790 


20 


THE    CONSTITUTION 


OF 


THE  STATE  OF  SOUTH  CAROLINA. 

JUNE    3d,     17  90. 


We,  the  Delegates  of  the  people  of  the  State  of  South  Carolina,  in  General  preamble. 
Convention  met,  do  ordain  and  establish  this  Constitution  for  its  government. 


ARTICLE  I. 

Sec.  1.  The  legislative  authority  of  this  State,  shall  be  vested  in  a  General  Legislature. 
Assembly,  which  shall  consist  of  a  Senate  and  House  of  Keresentatives. 

Sec.  2.  The   House   of  Representatives  shall   be  composed  of  members  Representatives, 
chosen  by  ballot,  every  second  year,  by  the  citizens  of  this  State,  qualified  as  what  time- 
in  this  Constitution  is  provided. 

Seg.  3.  The  several  election  districts  in  this  State,  shall  elect   the  following  Amended  isos. 
number  for  representatives,  viz : 

Charleston,  including  St.  Philip  and  St.  Michael,  Fifteen  Members.          Proportion  of  them. 

Christ  Church,                 -                 -                       Three  " 

St.  John,  Berkley,                     -                 -             Three  " 

St.  Andrew,         -                              -                     Three  " 


156  THE    CONSTITUTION    OF    THE 

St.  George,  Dorchester, 

St.  James,  Goose  Creek, 

St.  Thomas  and  St.  Dennis, 

St.  Paul, 

St.  Bartholomew, 

St.  James,  Santee, 

St.  John,  Colleton, 

St.  Stephen, 

St.  Helena, 

St.  Luke, 

Prince  William, 

St.  Peter, 

All  Saints,  (including  its  ancient  boundaries,) 

Winyaw,  (not  including  any  part  of  All  Saints,) 

Kingston,  (not  including  any  part  of  All  Saints,)    Two 

Williamsburg,  .  .  -  Two 

Liberty,  -  ...         Two 

Marlborough,  -  -  -  Two 

Chesterfield,  -  ...         Two 

Darlington,  -  -  -  Two 

York,         .  Three 

Chester,  ....  Two 

Fairfield,  ....         Two 

Richland.         ....  Two 

Lancaster,  ....         Two 

Kershaw,        -  Two 

Claremont,  ....         Two 

Clarendon,       ....  Two 

Abbeville,  ....         Three 

Edgefield,        ....  Three 

Newberry,  (including  the  Fork  between  Broad 

and  Saluda  Rivers,)        -  .  .         Three 

Laurens,  ....  Three 

Union         .....         Two 
Spartan,  -  .  .  -  Two 

Greenville,  ....         Two 

Pendleton,       ....  Three 

St.  Matthew,  ....         Two 


Three  Members. 

Three 

« 

Three 

M 

Three 

H 

Three 

(C 

Three 

« 

Three 

(( 

Three 

t. 

Three 

u 

Three 

U 

Three 

'  M 

Three 

M 

One 

it 

Three 

M 

STATE   OF    SOUTH    CAROLINA.  157 

Orange,  ....  Two  Members. 

Winton,  (including  the  district  between  Savannah 

river  and  the  north  Fork  of  Edisto,)         -  Three         " 

Saxe  G-otha,  -  -  -  Three 

Sec.  4.  Every  free  white  man,  of  the  age  of  twenty-one  years,  being  a  Amended  mo. 
citizen  of  this  State,  and  having  resided  therein  two  years  previous  to  the  day  Qu^^011- 
of  election,  and  who  hath  a  freehold  of  fifty  acres  of  Land,  or  a  Town  Lot,  of 
which  he  hath  been  legally  seized  and  possessed  at  least  six  months  before  such 
election,  or,  not  having  such  freehold  or  town  lot,  hath  been  a  resident  in  the 
election  district,  in  which  he  offers  to  give  his  vote,  six  months  before  the  said 
election,  and  hath  paid  a  tax  the  preceding  year,  of  three  shillings  sterling, 
towards  the  support  of  this  government,  shall  have  a  right  to  vote  for  a  member 
or  members,  to  serve  in  either  branch  of  the  legislature,  for  the  election  district 
in  which  he  holds  such  property,  or  is  so  resident. 

Sec.  5.  The  returning  officer,  or  any  other  person  present,  entitled  to  vote,  How  proved  or  ex- 
may  require  any  person  who  shall  offer  his  vote  at  an  election,  to  produce  a 
certificate  of  his  citizenship,  and  a  receipt  from  the  tax  collector,  of  his  having 
paid  a  tax,  entitling  him  to  vote,  or  swear  or  affirm,  that  he  is  duly  qualified  to 
vote  agreeably  to  this  constitution. 

Seo.  6.  No  person  shall  be  eligible  to  a  seat  in  the  House  of  Representatives,  Wh0  may  or  may 
unless  he  is  a  free  white  man  of  the  age  of  twenty-one  years,  and  hath  been  a  DOt  be  clectcd- 
citizen  and  resident  in  this  State,  three  years  previous  to  his  election.  If  a 
resident  in  the  election  district,  he  shall  not  be  eligible  to  a  seat  in  the  House 
of  Representatives,  unless  he  be  legally  seized  and  possessed,  in  his  own  right, 
of  a  settled  freehold  estate  of  five  hundred  acres  of  land,  and  ten  negroes  ;  or 
of  a  real  estate  of  the  value  of  one  hundred  and  fifty  pounds  sterling,  clear  of 
debt.  If  a  non-resident,  he  shall  be  legally  seized  and  possessed  of  a  settled 
freehold  estate  therein,  of  the  value  of  five  hundred  pounds  sterling,  clear  of 
debt. 

Sec.  7.  The  Senate  shall  be  composed  of  members,  to  be  chosen  for  four  Amended  isos. 
years,  in  the  following  proportions,  by  the  citizens  of  this  State,  qualified  to  senators  chosen  for 
elect  members  to  the  House  of  Representatives,  at  the  same  time>  in  the  same  °ur  years' 
manner,  and  at  the  same  places  where  they  shall  vote  for  representatives,  viz  : 

Charleston,  (including  St.  Philip  and  St.  Michael,)  Two  Members.  Proportion  of  them 

Christ  Church,  ....         One         " 

St.  John,  Berkley,  -  -  .  One         " 

St.  Andrew,  ....         One         " 

St.  George,  ....  One 


158 


THE    CONSTITUTION    OF    THE 


St.  James,  Goose  Creek, 

One  Member 

St.  Thomas  and  St.  Dennis, 

One 

u 

St.  Paul,        ..... 

One 

a 

St.  Bartholomew, 

One 

II 

St.  James,  Santee, 

One 

u 

St.  John,  Colleton, 

One 

a 

St.  Stephen,               .... 

One 

tt 

St.  Helena,            .... 

One 

u 

St.  Luke,         ..... 

One 

t< 

Prince  William, 

One 

a 

St.  Peter,         ..... 

One 

a 

All  Saints,             .... 

One 

a 

Winyaw  &  Williamsburgh, 

One 

«< 

Liberty  and  Kingston, 

One 

(< 

Marlborough,  Chesterfield  and  Darlington, 

Two 

ft 

York,                    .... 

One 

ft 

Fairfield,  Richland  and  Chester, 

One 

ft 

Lancaster  and  Kershaw, 

One 

ft 

Claremont  and  Clarendon, 

One 

« 

Abbeville,            .... 

One 

a 

Edgefield,                    .... 

One 

a 

Newberry,  (including  the  fork  between  Broad 

and  Saluda  rivers,) 

One 

ft 

Laurens,              .... 

One 

II 

Union             ..... 

One 

II 

Spartan,              .... 

One 

II 

Greenville,      - 

One 

II 

Pendleton,           .... 

One 

« 

St,  Matthew  and  Orange, 

One 

it 

Winton,  (including  the  distance  between  Savan- 

nah river  and  the  North  fork  of  Edisto,) 

One 

c 

Saxe  Gotha,         .... 

One 

(< 

who  shaii  not  be  ^ec.  %'  ^°  Person  shsJl  be  eligible  to  a  seat  in  the  Senate,  unless  he  is  a 
eligible  to  the  sen-  frQe  white  man,  of  the  age  of  thirty  years,  and  hath  been  a  citizen  and  resident 
in  this  State,  five  years  previous  to  his  election.  If  a  resident  in  the  election 
district,  he  shall  not  be  eligible,  unless  he  be  legally  seized  and  possessed,  in  his 
own  right,  of  a  settled  freehold  estate  of  the  value  of  three  hundred  pounds 
sterling,  clear  of  debt.     If  a  non-resident  in  the  election  district,  he  shall  not 


STATE  OF  SOUTH  CAROLINA.  159 

•t- 

be  eligible,  unless  he  be  legally  seized  and  possessed,  in  his  own  right,  of  a 
settled  freehold  estate,  in  the  said  district,  of  the  value  of  one  thousand  pounds 
sterling,  clear  of  debt. 

Sec  9.  Immediately  after  the  Senators  shall  be  assembled,  in  consequence  Amended  1808- 
of  the  first  election,  they  shall  be  divided  by  lot,  into  two  classes.     The  seats  senate  divided  into 

two     classes,     and 

of  the  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the  how- 
second  year,  and  of  the  second  class,  at  the  expiration  of  the  fourth  year ;  so 
that  one  half  thereof,  as  near  as  possible,  may  be  chosen,  forever  thereafter, 
every  second  year,  for  the  term  of  four  years. 

Sec.  10.  Senators,  and  members  of  the  House  of  Representatives,  shall  be  {aIte™eers  of  Legis' 
chosen  on  the  second  Monday  in  October  next,  and  the  day  following;  and  on  when  chosen, 
the  same  days  in  every  second  year  thereafter,  in  such  manner  and  at  such  times 
as  are  herein  directed,  and  shall  meet  on  the  fourth  Monday  in  November,  when  to  meet,  and 

"  where. 

annually,  at  Columbia,  (which  shall  remain  the  seat  of  government,  until  other, 
wise  determined  by  the  concurrence  of  two  thirds  of  both  branches  of  the 
whole  representation,)  unless  the  casualties  of  war,  or  contagious  disorders, 
should  render  it  unsafe  to  meet  there ;  in  either  of  which  cases,  the  Governor 
or  Commander-in-Chief,  for  the  time  being,  may,  by  proclamation,  appoint  a 
more  secure  and  convenient  place  of  meeting. 

Sec.  11.  Each  house  shall  judge  of  the  elections,  returns,  and  qualifications  hoWldje^rm1nedion9 
of  its  own  members  ;  and  a  majority  of  each  house  shall  constitute  a  quorum  to  Quorum. 
do  business ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  be  ffig'gy*  from 
authorized  to  compel  the  attendance  of  absent  members,  in  such  manner,  and 
under  such  penalties,  as  may  be  provided  by  law. 

Sec.  12.  Each  house  shall  choose,  by  ballot,  its  own  officers,  determine  its  Each  house  to  elect 

"*  their  own  officers. 

rules  of  proceeding,  punish  its  members  for  disorderly  behaviour,  and  with  the 
concurrence  of  two- thirds,  expel  a  member,  but  not  a  second  time  for  the  same 
cause. 

Sec.  13.  Each  house  may  punish,  by  imprisonment,  during;  its  sitting;,  any  Powers  of  the  house 

■•'  *  '      J        r  °  5'         ;   to  punish  for  con- 

person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house,  by  any  temptl 
disorderly  or  contemptuous  behaviour  in  its  presence ;  or  who,  during  the  time 
of  its  sitting,  shall  threaten  harm  to  body  or  estate  of  any  member,  for  any  thing 
said  or  done  in  either  house ;  or  who  shall  assault  any  of  them  therefor ;  or  who 
shall  assault  or  arrest  any  witness  or  other  person  ordered  to  attend  the  house, 
in  his  going  to  or  returning  therefrom ;  or  who  shall  rescue  any  person  arrested 
by  order  of  the  house. 

Sec  14.  The  members  of  both  houses  shall  be  protected  in  their  persons  and  Privileges  of  i 
estates,  during  their  attendance  on,  going  to,  and  returning  from,  the  legislature,  tates- 


160 


THE    CONSTITUTION    OF   THE 


Revenue  bills. 


What  shall  give  the 
force  of  a  law. 


No  monies  drawn 
from  treasury,  but 
by  Legislature. 


Compensation  to 
members. 


Adjournment    of 
Houses. 


Regulation  about 
bringing  in  bills,  &c. 
once  rejected. 


What  persons  are 
excluded  from  Le- 
gislature. 


How  vacancies  in 
Legislature  shall  be 
filled. 


and  ten  days  previous  to  the  sitting,  and  ten  days  after  the  adjournment  of  the 
legislature.  But  these  privileges  shall  not  be  extended  so  as  to  protect  any 
member  who  shall  be  charged  with  treason,  felony,  or  breach  of  the  peace. 

Sec.  15.  Bills  for  raising  a  revenue,  shall  originate  in  the  House  of  Repre- 
sentatives, but  may  be  altered,  amended,  or  rejected  by  the  Senate. 

All  other  bills  may  originate  in  either  house,  and  may  be  amended,  altered,  or 
rejected,  by  the  other. 

Sec.  16.  No  bill  or  ordinance  shall  have  the  force  of  law,  until  it  shall  have 
been  read  three  times,  and  on  three  several  days,  in  each  house,  has  had  the 
great  seal  affixed  to  it,  and  has  been  signed,  in  the  Senate  House,  by  the  Presi- 
dent of  the  Senate  and  Speaker  of  the  House  of  Representatives. 

Sec.  17.  No  money  shall  be  drawn  out  of  the  public  treasury,  but  by  the 
legislative  authority  of  the  State. 

Sec  18.  The  members  of  the  legislature,  who  shall  assemble  under  this  con- 
stitution, shall  be  entitled  to  receive,  out  of  the  public  treasury,  as  a  compensa- 
tion for  their  expenses,  a  sum  not  exceeding  seven  shillings  sterling  a  day,  during 
their  attendance  on,  going  to,  and  returning  from  the  legislature ;  but  the  same 
may  be  increased  or  diminished  by  law,  if  circumstances  shall  require ;  but  no 
alterations  shall  be  made  by  any  legislature,  to  take  effect  during  the  existence 
of  the  legislature  which  shall  make  such  alteration. 

Sec.  19.  Neither  house,  during  their  session,  without  the  consent  of  the  other, 
shall  adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sec.  20.  No  bill  or  ordinance,  which  shall  have  been  rejected  by  either  house, 
shall  be  brought  in  again  during  the  sitting,  without  leave  of  the  house,  and 
notice  of  six  days  being  previously  given. 

Sec  21.  No  person  shall  be  eligible  to  a  seat  in  the  legislature,  whilst  he  holds 
any  office  of  profit  or  trust,  under  this  State,  the  United  States,  or  either  of 
them,  or  under  any  other  power — except  officers  in  the  militia,  army,  or  navy  of 
this  State,  Justices  of  the  Peace  or  Justices  of  the  County  Courts,  while  they 
receive  no  salaries ;  nor  shall  any  contractor  of  the  army  or  navy  of  this  State, 
the  United  States,  or  either  of  them,  or  the  agents  of  such  contractor,  be  eligible 
to  a  seat  in  either  house.  And  if  any  member  shall  accept  or  exercise  any  of 
the  said  disqualifying  offices,  he  shall  vacate  his  seat. 

Sec  22.  If  any  election  district  shall  neglect  to  choose  a  member  or  members, 
on  the  days  of  election,  or  if  any  person  chosen  a  member  of  either  house, 
should  refuse  to  qualify  and  take  his  seat,  or  should  die,  depart  the  State,  or 
accept  any  disqualifying  office,  a  writ  of  election  shall  be  issued  by  the  President 


STATE   OF    SOUTH    CAROLINA.  161 

of  the  Senate,  or  Speaker  of  the  House  of  Representatives,  as  the  case  may  be, 
for  the  purpose  of  filling  up  the  vacancy  thereby  occasioned,  for  the  remainder 
of  the  term  for  -which  the  person  so  refusing  to  qualify,  dying,  departing  the 
State,  or  accepting  a  disqualifying  office,  was  elected  to  serve. 

Sec.  23.  And  whereas,  the  ministers  of  the  gospel  are,  by  their  profession,  clergymen  excluded 
dedicated  to  the  service  of  God,  and  the  cure  of  souls,  and  ought  not  to  be 
diverted  from  the  great  duties  of  their  function ;  therefore,  no  minister  of  the 
gospel,  or  public  preacher,  of  any  religious  persuasion,  whilst  he  continues  in  the 
exercise  of  his  pastoral  functions,  shall  be  eligible  to  the  office  of  Governor 
Lieutenant  Governor,  or  to  a  seat  in  the  Senate  or  House  of  Representatives, 


ARTICLE  II. 


Sec.  1.  The  Executive  authority  of  this  State  shall  be  vested  in  a  Governor,  Executive, 
to  be  chosen  in  the  manner  following:  As  soon  as  may  be,  after  the  first  ■■J**"****" 
meeting  of  the  Senate  and  House  of  Representatives,  and  at  every  first  meeting 
of  the  House  of  Representatives  thereafter,  when  a  majority  of  both  Houses 
shall  be  present,  the  Senate  and  House  of  Representatives  shall,  jointly,  in  the 
House  of  Representatives,  choose  by  ballot,  a  Governor,  to  continue  for  two 
years,  and  until  a  new  election  shall  be  made. 

Seo.  2.  No  person  shall  be  eligible  to  the  office  of  Governor,  unless  he  hath  Qualification  of  Go- 

r  o  i  vernor. 

attained  the  age  of  thirty  years,  and  hath  resided  within  the  State,  and  been  a 
citizen  thereof,  ten  years,  and  unless  he  be  seized  and  possessed  of  a  settled 
estate  within  the  same,  in  his  own  right,  of  the  value  of  fifteen  hundred  pounds 
sterling,  clear  of  debt. 

No  person  having  served  two  years  as  Governor,  shall  be  re -eligible  to  that  g£*  r*^gible  for 
office,  till  after  the  expiration  of  four  years. 

No  person  shall  hold  the  office  of  Governor,  and  any  other  office,  or  commis-  Disqualification, 
sion,  civil  or  military,  except  in  the  militia,  either  in  this  State,  or  under  any 
State,  or  the  United  States,  or  any  other  power,  at  one  and  the  same  time. 

Sec.  3.  A  Lieutenant-Governor  shall  be  chosen  at  the  same  time,  in  the  same  ffiiS't'i"1*  how 
manner,  continue  in  office  for  the  same  period,  and  be  possessed  of  the  same 
qualifications  as  the  Governor. 

Sec  4.  A  Member  of  the  Senate  or  House  of  Representatives,  being  chosen,  toTv^atL ^Sli 
and  acting  as  Governor  or  Lieutenant  Governor,  shall   vacate  his   seat,  and  Tt&!&tt!!£a£ 
another  person  shall  be  elected  in  his  stead. 
21 


162  THE   CONSTITUTION    OF   THE 

vacaneies,how filled  Sec.  5.  In  case  of  the  impeachment  of  the  Governor,  or  his  removal  from 
office,  death,  resignation,  or  absence  from  the  State,  the  Lieutenant-Governor 
shall  succeed  to  his  office.  And  in  case  of  the  impeachment  of  the  Lieutenant- 
Governor,  or  his  removal  from  office,  death,  resignation,  or  absence  from  the 
State,  the  President  of  the  Senate  shall  succeed  to  his  office,  until  a  nomination 
to  those  offices,  respectively,  shall  be  made  by  the  Senate  and  House  of  Repre- 
sentatives, for  the  remainder  of  the  time  for  which  the  officer  so  impeached, 
removed  from  office,  dying,  resigning,  or  being  absent,  was  elected. 

Governor  to  com-      Sec.  6.  The  Governor  shall  be  Commander-in-Chief  of  the  Army  and  Navy 

mandarmy,  &c. 

of  this  State,  and  of  the  Militia,  except  when  they  shall  be  called  into  the  actual 

service  of  the  United  States. 
Maygrant  pardons,      Sec.  7.  He  shall  have  power  to  grant  reprieves  and  pardons,  after  conviction^ 

except  in  cases  of  impeachment,  in  such  manner,  on  such  terms,  and  under  such 

restrictions,  as  he  shall  think  proper;  and  he  shall  have  power  to  remit  fines 

and  forfeitures,  unless  otherwise  directed  by  law. 
shaii  execute  the      gEC_  g    jje  shall  take  care  that  the  laws  be  faithfully  executed,  in  mercy. 
May  prohibit  expor-      Sec.  9.  He  shall  have  power  to  prohibit  the  exportation  of  provisions,  for  any 

tation  of  provisions. 

time  not  exceeding  thirty  days. 
His  compensation.        Sec.  10.  He  shall,  at  stated  times,  receive  for  his  services,  a  compensation 

which  shall  be  neither  increased  or  diminished,  during  the  period  for  which  he 

shall  have  been  elected. 
a£u%\  mXa3      ^ec.  **•  ^U  tne  officers  in  the  Executive  Department,  when  required  by  the 
twnto  Governor,     q overnor)  snau  give  him  information  in  writing,  upon  any  subject  relating  to  the 

duties  of  their  respective  offices. 
Governor  shaii  give      Sec.  12.  The  Governor  shall,  from  time  to  time,  eive  to  the  General  Assem- 

information   to  As- 

gembiy.  TDly>  information  of  the  condition  of  the  State,  and  recommend  to  their  consider- 

ation such  measures  as  he  shall  judge  necessary  or  expedient, 
2£emwnVo™eejrtra'      ^EC-  ^  He  may,  on  extraordinary  occasions,  convene  the  General  Assembly, 
and^oumTe0^-  and,  in  case  of  disagreement  between  the  two  Houses,  with  respect  to  the  time 

ture  when  they  can-  .  -ii-iii-i  j.  i  j 

not  agree.  of  adjournment,  adjourn  them  to  such  time  as  he  shall  think  proper,  not  beyond 

the  fourth  Monday  in  the  month  of  November,  then  ensuing. 


ARTICLE  IH. 

judiciary.  SEc.  1.  The  judicial  power  shall  be  vested  in  such  superior  t  and  inferior 

courts  of  Law  and  courts  of  law  and  equity,  as  the  Legislature  shall,  from  time  to  time,  direct  and 
establish, 


STATE  OF  SOUTH  CAROLINA.  163 

The  Judges  of  each  shall  hold  their  commissions  during  good  behaviour ;  and  Judges  shaii  hold 

o  o  o  *  commissions  during 

the  Judges  of  the  Superior  Courts  shall,  at  stated  times,  receive  a  compensation  feceivehacompe*a- 
for  their  services,  which  shall  neither  be  increased  or  diminished,  during  their  from  holding  any 

other  office. 

continuance  in  office :  but  they  shall  receive  no  fees  or  perquisites  of  office,  nor 
hold  any  other  office  of  profit  or  trust,  under  this  State,  the  United  States,  or 
any  other  power. 

Sec.  2.  The  style  of  all  process  shall  be,  "  The  State  of  South- Carolina."  All  style  of  process. 
prosecutions  shall  be  carried  on  in  the  name,  and  by  the  authority  of  the  State 
of  South- Carolina,  and  conclude — "against  the  peace  and  dignity  of  the  same." 


ARTICLE  IV. 

All  persons  who  shall  be  chosen  or  appointed  to  any  office  of  profit  or  trust,  tended  1334. 
before  entering  on  the  execution  thereof,  shall  take  the  following  oath  :  "  I  do  oath  of  office. 
swear,  (or  affirm,)  that  I  am  duly  qualified,  according  to  the   constitution  of 
this  State,  to  exercise  the  office  to  which  I  have  been  appointed,  and  will,  to 
the  best  of  my  abilities,  discharge  the  duties  thereof,  and  preserve,  protect, 
and  defend  the  constitution  of  this  State,  and  of  the  United  States." 


ARTICLE  V. 


Sec.  1.  The  House  of  Kepresentatives  shall  have  the  sole  power  of  impeach.  Representatives 
ing ;  but  no  impeachment  shall  be  made,  unless  with  the  concurrence  of  two- 
thirds  of  the  House  of  Representatives. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate.     When  sitting  for  senate  to  try  im- 

peachments. 

that  purpose,  the  Senators  shall  be  on  oath,  or  affirmation  ;  and  no  person  shall 
be  convicted,  without  the  concurrence  of  two-thirds  of  the  members  present. 

Sec.  3.  The  Governor,  Lieutenant  Governor,  and  all  the  civil  officers,  shall  monifabi1e82to  im- 
be  liable  to  impeachment,  for  any  misdemeanor  in  office  ;  but  judgment  in  such 
cases  shall  not  extend  further  than  to  a  removal  from  office,  and  disqualification  Punishment  incase 

J-  of  conviction. 

to  hold  any  office  of  honor,  trust,  or  profit,  under  this  State.  The  party 
convicted  shall,  nevertheless,  be  liable  to  indictment,  trial,  judgment,  and  pun- 
ishment, according  to  law. 


164  THE    CONSTITUTION    OF    THE 

ARTICLE  VI. 

beTieS6"  8h*U  ^EC-  ^'  ^e  Judges  °f  *^e  Superior  Courts,  the  Commissioners  of  the 
Treasury,  Secretary  of  the  State,  and  Surveyor  General,  shall  be  elected  by 
the  joint  ballot  of  both  Houses,  in  the  House  of  Representatives.     The  Com- 

Limitation  of  some  missioners  of  the    Treasury,  Secretary  of  the  State,  and  Surveyor  General, 

commisions.  •"  *  ^ 

shall  hold  their  offices  for  four  years ;  but  shall  not  be  eligible  again  for  four 

years  after  the  expiration  of  the  time  for  which  they  shall  have  been  elected. 

other  officers,  how      Sec.  2.  All  other  officers  shall  be  appointed  as  they  hitherto  have  been, 

appointed.  L 1  * 

sheriff  elected  for  until  otherwise  directed  by  law :  but  Sheriffs  shall  hold  their  offices  for  four 

4  years.  »  * 

years,  and  not  be  again  eligible  for  four  years  after  the  term  for  which  they 
shall  have  been  elected. 
style   of  oommis-      Sec.  3.  All  commissions  shall  be  in  the  name,  and  by  the  authority  of  the 

sions. 

State   of  South  Carolina,  and  be  sealed  with  the  seal  of  the  State,  and  be 
signed  by  the  Governor. 


ARTICLE  VII. 


Laws  to  continue  of      All  laws  of  force  in  this  State,  at  the  passing  of  this  constitution,  shall  so 

force  until  altered.  i  o 

continue,  until  altered  or  repealed  by  the  legislature ;  except  where  they  are 
temporary,  in  which  case  they  shall  expire  at  the  times  respectively  limited  for 
their  duration,  if  not  continued  by  Act  of  the  Legislature, 


ARTICLE  VIIL 


r&SgSffifiitnf  Sec.  1.  The  free  exercise  and  enjoyment  ofreligious  profession  and  worship, 
without  discrimination  or  preference,  shall,  forever  hereafter,  be  allowed  within 

Proviso.  ^  gtate,  to  all  mankind ;  provided,  that  the  liberty  of  conscience  thereby 

declared,  shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify 
practices  inconsistent  with  the  peace  or  safety  of  this  State. 

Rights,  &c,  pre-      Sec.  2.  The  rights,  privileges,  immunities,  and  estates  of  both  civil  and  reli- 

served  to  corporate  •    ^  .   ■  _  .  .       ,  .  . 

and  other  bodies.  gious  societies  and  of  corporate  bodies,  shall  remain  as  if  the  constitution  of 
this  State  had  not  been  altered  or  amended. 


STATE    OF    SOUTH    CAROLINA.  165 

ARTICLE  IX. 

Sec.  1.  All  power  is  originally  vested  in  the  people ;  and  all  free  governments  Declaration  of 
*■  _  rights- 

are  founded  on  their  authority,  and  are  instituted  for  their  peace,  safety  and 

happinesss. 

Sec.  2.  No  freeman  of  this  State  shall  be  taken,  or  imprisoned,  or  disseized 
of  his  freehold,  liberties,  or  privileges  ;  or  outlawed,  or  exiled,  or  in  any  manner 
destroyed,  or  deprived  of  his  life,  liberty,  or  property,  but  by  the  judgment  of 
his  peers,  or  by  the  law  of  the  land ;  nor  shall  any  bill  of  attainder,  ex  post 
facto  law,  or  law  impairing  the  obligation  of  contracts,  ever  be  passed  by  the 
Legislature  of  this  State. 

Sec.  3.  The  military  shall  be  subordinate  to  the  civil  power. 

Sec.  4.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed, 
nor  cruel  punishments  inflicted. 

Sec.  5.  The  Legislature  shall  not  grant  any  title  of  nobility,  or  hereditary 
distinction,  nor  create  any  office,  the  appointment  to  which  shall  be  for  any 
longer  time  than  during  good  behaviour. 

Sec.  6.  The  trial  by  jury,  as  heretofore  used  in  this  State,  and  the  liberty 
of  the  press,  shall  be  forever  inviolably  preserved. 


ARTICLE  X. 
Sec  1.  The  business  of  the  Treasury  shall  be  in  future  conducted  by  two  Treasury,  how  con- 

ducted. 

Treasurers,  one  of  whom  shall  hold  his  office  and  reside  in  Columbia ;  the  other 
shall  hold  his  office  and  reside  in  Charleston. 

Sec.  2.  The  Secretary  of  State,  and  the  Surveyor  General,  shall  hold  their  And  secretary's  * 

u  rice,  &c. 

offices  both  in  Columbia  and  Charleston.     They  shall  reside  at  one  place,  and 
their  deputies  at  the  other. 

Sec.  3.  At  the  conclusion  of  the  Circuits,  the  Judges  shall  meet  and  sit  at  Amended  isie. 

Judges  shall  meet  at 

Columbia,  for  the  purpose  of  hearing  and  determining  all  motions  which  may  gm1tumbia  after  cir" 
be  made  for  new  trials,  and  in  arrest  of  judgments,  and  such  points  of  law  as 
may  be  submitted  to  them.     From  Columbia  they  shall  proceed  to  Charleston, 
and  there  hear  and  determine  all  such  motions  for  new  trials,  and  in  arrest  of 
judgment,  and  such  points  of  law,  as  may  be  submitted  to  them. 

Srcc.  4.  The  Governor  shall  always  reside,  during  the   sitting  of  the  Legis-  Governor  shall  re- 

side  where  legisla- 

lature,  at  the  place  where  their  session  may  be  held,  and  at  all  other  times,  ture  sits,  during  ses- 


wherever,  in  his  opinion,  the  public  good  may  require. 


166  THE   CONSTITUTION    0*'    THE 

Rights  of  primown-      Sec.  5.  The  Legislature  shall,  as  soon  as  may  be  convenient,  pass  laws  for 

lture  to  be  abolished  °  "  '     • 

the  abolition  of  the  rights  of  primogeniture,  and  for  giving  an  equitable  distri- 
bution of  the  real  estates  of  intestates. 


ARTICLE  XI. 


convention  to  be  No  Convention  of  the  people  shall  be  called,  unless  by  the  concurrence  of 
of  legislature.  two-thirds  of  both  branches  of  the  whole  representation, 
constitution,  how  No  part  of  this  Constitution  shall  be  altered,  unless  a  bill  to  alter  the  same 
shall  have  been  read  three  times  in  the  House  of  Representatives,  and  three 
times  in  the  Senate,  and  agreed  to  by  two-thirds  of  both  branches  of  the  whole 
representation ;  neither  shall  any  alteration  take  place,  until  the  bill,  so  agreed 
to,  be  published  three  months  previous  to  a  new  election  for  members  to  the 
House  of  Representatives ;  and  if  the  alteration  proposed  by  the  Legislature, 
shall  be  agreed  to  in  the  first  session,  by  two-thirds  of  the  whole  representation 
in  both  branches  of  the  Legislature,  after  the  same  shall  have  been  read  three 
times,  on  three  several  days,  in  each  House,  then,  and  not  otherwise,  the  same 
shall  become  a  part  of  the  Constitution. 


Done  in  Convention,  at  Columbia,  in  the  State  of  South  Carolina,  the  third 
day  of  June,  in  the  Year  of  our  Lord  1790,  and  in  the  14th  year  of  the 
Independence  of  the  United  States  of  America. 


By  the  unanimous  order  of  the  Convention. 

CHARLES  PINCKNEY, 

President. 


Attest, 
John  S.  Dart,  Secretary. 


167 


STATE   OF    SOUTH    CAROLINA. 


That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments in  the  Constitution  of  this  State,  it  is  hereby  declared 
and  ordained  : 


Sec.  1.  That  the  government  shall  be  administered  as  heretofore,  until  the  provisions      until 

•      •  oiT-i  i       i     i  i  i  l-  ••  new      Constitution 

meeting  and  sitting  of  the  Legislature,  to  be  held  under  this  constitution.  can  operate. 

Sec.  2.  And  whereas,  the  existing  laws  render  it  highly  inconvenient  for  the 
Legislature  to  meet  on  the  fourth  Monday  in  November,  next,  it  is  therefore 
ordained,  that  instead  thereof,  the  members  of  the  Senate  and  House  of  Repre- 
sentatives, to  be  elected  on  the  second  Monday  in  October,  and  on  the  day 
following,  shall  meet  at  Columbia,  the  seat  of  Government,  on  the  first  Monday 
in  January  next. 

.  Sec.  3.  It  is  also  ordained,  that  the  Commissioners  of  the  Treasury  shall, 
with  all  convenient  dispatch,  take  a  balance  of  the  treasury  books,  which 
balance  shall  be  lodged  in  the  Treasurer's  office,  in  Columbia,  and  the  original 
books  in  the  Treasurer's  office,  in  Charleston. 

Sec.  4.  It  is  the  opinion  of  the  Convention,  that  the  Legislature,  at  the  first 
session  which  shall  be  held  under  this  constitution,  should  regulate  and  estab- 
lish by  law,  all  the  fees  of  the  respective  courts  and  offices  throughout  this 
State. 

Sec  5.  That  they  also  provide  for  the  annual  and  final  settlement  of  the 
accounts  of  the  Commissioners  of  the  Treasury,  so  that  the  pecuniary  interest 
of  the  State  be  duly  attended  to,  and  the  persons  who  faithfully  discharge  the 
duties  of  that  important  office,  be  quieted  therein,  and  their  sureties  released  in 
a  fixed  and  reasonable  time. 

Sec.  6.  That  the  Legislature  shall  make  effectual  provision  for  revising, 
digesting  and  publishing  the  laws  of  this  State,  so  that  a  general  knowledge 
thereof  may  be  diffused  among  the  citizens  of  this  State. 

Sec.  7.  The  Legislature,  at  their  next  meeting,  shall  proceed  to  the  election 
of  Justices  of  the  Peace,  throughout  the  State,  and  Justices  of  the  county 
courts,  where  county  courts  are  established,  and  that  all  former  commissions  of 
the  peace,  then  cease ;  and  that,  in  future,  all  commissions  of  the  peace  expire 
at  fixed  periods,  to  be  declared  by  law. 


108  the  constitution  of  the 

Sec.  8.  That  all  rotatory  officers,  at  the  first  meeting  of  the  Legislature, 
under  this  constitution,  may  be  re-elected,  notwithstanding  any  time  they  may 
have  before  served,  under  the  former  constitution. 

By  the  unanimous  order  of  the  Convention,  June  3,  1790. 

CHARLES  PINCKNEY, 

President. 

Attest, 
John  Sandeord  Dart,  Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION  OF 
THE  STATE  OF  SOUTH-CAROLINA. 

AMENDMENTS,  RATIFIED  DECEMBER  17,  1808. 


Sees 
Art. 


VkLndtd9  of  ^ec.  1-  ^ne  f°N°wmg  sections,  in  amendment  of  the  third,  seventh  and  ninth 
sections  of  the  first  article  of  the  constitution  of  this  State,  shall  be,  and  they 
are  hereby  declared,  to  be  valid  parts  of  the  said  constitution ;  and  the  said  third, 
seventh  and  ninth  sections,  or  such  parts  thereof  as  are  repugnant  to  such 
amendments,  are  hereby  repealed  and  made  void. 

124  Representatives  <3EC-  2.  The  House  of  Representatives  shall  consist  of  one  hundred  and 
twenty-four  members ;  to  be  apportioned  among  the  several  election  districts  of 

dinfto  white  p^pu- tDe  State,  according  to  the  number  of  white  inhabitants  contained,  and  the 
amount  of  all  taxes  raised  by  the  legislature,  whether  direct  or  indirect,  or  of 
whatever  species,  paid  in  each,  deducting  therefrom  all  taxes  paid  on  account  of 
property  held  in  any  other  district ;  and  adding  thereto,  all  taxes  elsewhere  paid 

census  to  be  taken.  on  account  of  property  held  in  such  district ;  an  enumeration  of  the  white 
inhabitants,  for  this  purpose,  shall  be  made  in  the  year  one  thousand  eight 
hundred  and  nine,  and  in  the  course  of  every  tenth  year  thereafter,  in  such 
manner  as  shall  be  by  law  directed;  and  representatives  shall  be  assigned  to  the 
different  districts,  in  the  above  mentioned  proportion,  by  act  of  the  Legislature, 
at  the  session  immediately  succeeding  the  above  enumeration. 


STATE   OF    SOUTH    CAROLINA.  109 

Sec.  3.  If  the  enumeration  herein  directed,  should  not  be  made  in  the  course 
of  the  year  appointed  for  the  purpose,  by  these  amendments,  it  shall  be  the 
duty  of  the  Governor  to  have  it  effected  as  soon  thereafter  as  shall  be 
practicable. 

Sec.  4.  In  assigning  representatives  to  the  several  districts  of  this  State,  the  Fractions. 
Legislature  shall  allow  one  representative  for  every  sixty- second  part  of  the 
whole  number  of  white  inhabitants  in  the  State ;  and  one  representative  also  for 
every  sixty-second  part  of  the  whole  taxes  raised  by  the  Legislature  of  the 
State.  The  Legislature  shall  further  allow  one  representative  for  such  fractions 
of  the  sixty-second  part  of  the  white  inhabitants  of  the  State,  and  of  the  sixty- 
second  part  of  the  taxes  raised  by  the  Legislature  of  the  State,  as  when  added 
together,  form  a  unit. 

Sec.  5.  In  every  apportionment  of  representation,  under  these  amendments, 
which  shall  take  place  after  the  first  apportionment,  the  amount  of  taxes  shall 
be  estimated  from  the  average  of  the  ten  preceding  years ;  but  the  first  appor- 
tionment shall  be  founded  upon  the  tax  of  the  preceding  year,  excluding  from 
the  amount  thereof,  the  whole  produce  of  the  tax  on  sales  at  public  auction. 

Sec.  6.  If  in  the  apportionment  of  representatives,  under  these  amendments, 
any  election  district  shall  appear  not  to  be  entitled,  from  its  population  and  its 
taxes,  to  a  representative,  such  election  district  shall,  nevertheless,  send  one 
representative ;  and  if  there  should  be  still  a  deficiency  of  the  number  of  repre- 
sentatives required  by  these  amendments,  such  deficiency  shall  be  supplied  by 
assigning  representatives  to  those  election  districts  having  the  largest  surplus 
fractions,  whether  those  fractions  consist  of  a  combination  of  population  and  - 
taxes,  or  of  population,  or  of  taxes  separately,  until  the  number  of  one  hundred 
and  twenty  four  members  be  provided. 

Sec.  7.  No  apportionment,  under  these  amendments,  shall  be  construed  to 
take  effect  in  any  manner,  until  the  general  election  which  shall  succeed  such 
apportionment. 

Sec.  8.  The  election  districts  for  members  of  the  House  of  Representatives  Election    Districts 

1  '  established.  Pendle 

shall  be  and  remain  as  heretofore  established,  except  Saxe  Gotha  and  Newberry, toa  chan8ed'  182°- 
in  which  the  boundaries  shall  be  altered  as  follows,  viz:  That  part  of  Lexington, 
in  the  fork  of  Broad  and  Saluda  rivers,  shall  no  longer  compose  a  part  of  the 
election  district  of  Newberry,  but  shall  be  henceforth  attached  to  and  form  a 
part  of  Saxe  Grotha.  And  also  except  Orange  and  Barnwell,  or  Winton,  in 
which  the  boundaries  shall  be  altered  as  follows,  viz  :  That  part  of  Orange,  in 
the  fork  of  Edisto,  shall  no  longer  compose  a  part  of  the  election  district  of 
22 


170 


THE    (XhNSTlIUTION    OF    THE 


Mode    of    altering 
these   amendments. 


Barnwell  or  Winton,  but  shall  henceforth  be  attached  to,  and  form  a  part  of 
Orange  election  district. 

Sec.  9.  The  Senate  shall  be  composed  of  one  member  from  each  election 
district,  as  now  established  for  the  election  of  members  of  the  House  of  Repre- 
sentatives, except  the  district  formed  by  the  parishes  of  St.  Philip  and  St. 
Michael,  to  which  shall  be  allowed  two  Senators,  as  heretofore. 

Sec.  10.  The  seats  of  those  Senators  who,  under  the  constitution,  shall  repre- 
sent two  or  more  election  districts,  on  the  day  preceding  the  second  Monday  of 
October,  which  will  be  in  the  year  one  thousand  eight  hundred  and  ten, 
shall  be  vacated  on  that  day,  and  the  new  Senators  who  shall  represent  such 
districts  under  these  amendments,  shall,  immediately  after  they  shall  have  been 
assembled  under  the  first  election,  be  divided  by  lot  into  two  classes ;  the  seats 
of  the  Senators  of  the  first  class  shall  be  vacated  at  the  expiration  of  the  second 
year;  and  of  the  second  class,  at  the  expiration  of  the  fourth  year;  and  the 
number  of  these  classes  shall  be  proportioned,  that  one  half  of  the  whole  number 
of  Senators  may,  as  nearly  as  possible,  continue  to  be  chosen  thereafter,  every 
second  year. 

Sec.  11.  None  of  these  amendments,  becoming  parts  of  the  constitution  of 
this  State,  shall  be  altered,  unless  a  bill  to  alter  the  same  shall  have  been  read, 
on  three  several  days,  in  the  House  of  Representatives,  and  on  three  several 
days,  in  the  Senate,  and  agreed  to  at  the  second  and  third  reading,  by  two- 
thirds  of  the  whole  representation,  in  each  branch  of  the  Legislature ;  neither 
shall  any  alteration  take  place,  until  the  bill,  so  agreed  to,  be  published  three 
months  previous  to  a  new  election  for  members  to  the  House  of  Representa- 
tives ;  and  if  the  alteration  proposed  by  the  Legislature  shall  be  agreed  to  in 
their  first  session,  by  two-thirds  of  the  whole  representation,  in  each  branch  of 
the  Legislature,  after  the  same  shall  have  been  read  on  three  several  days,  in 
each  house,  then,  and  not  otherwise,  the  same  shall  become  a  part  of  the 
constitution. 


AMENDMENT,  RATIFIED  DECEMBER  19,  1810. 


Uualifications  of  vo- 
ter changed.  , 


That  the  fourth  section  of  the  first  article  of  the  constitution  of  this  State,  be 
altered  and  amended  to  read  as  follows ;  Every  free  white  man,  of  the  age  of 
twenty- one  years,  paupers  and  non-commissioned  officers  and  private  soldiers  of 
the  army  of  the  United  States,  excepted,  being  a  citizen  of  this  State,  and 
having  resided  therein  two  years  previous  to  the  day  of  election,  and  who  hath 


STATE  OF  SOUTH  CAROLINA.  171 

a  freehold  of  fifty  acres  of  Land,  or  a  town  lot,  of  which  he  hath  been  legally 
seized  and  possessed  at  least  six  months  before  such  election,  or,  not  having 
such  freehold  or  town  lot,  hath  been  a  resident  in  the  election  district,  in  which 
he  offers  to  give  his  vote,  six  months  before  the  said  election,  shall  have  a  right 
to  vote  for  a  member  or  members,  to  serve  in  either  branch  of  the  legislature, 
for  the  election  district  in  which  he  holds  such  property,  or  is  so  resident. 


AMENDMENT,  RATIFIED  DECEMBER  19,  1816. 


That  the  third  section  of  the  tenth  article  of  the  constitution  of  this  State,  Times  and  places  for 

'  the  meeting  of  the 

be  altered  and  amended  to  read  as  follows ;  The  Judges  shall,  at  such  times  meS' of theLegls"- 
and  places  as  shall  be  prescribed  by  act  of  the  legislature  of  this  State,  meet 
and  sit  for  the  purpose  of  hearing  and  determining  all  motions  which  may  be 
made  for  new  trials,  and  in  arrest  of  judgment,  and  such  points  of  law  as  may 
be  submitted  to  them. 


AMENDMENT,  RATIFIED  DECEMBER  20.  1820. 
That  all  that  territory  lying  within  the  chartered  limits  of  this  State,  and  faction  District  of 

^     <>      o  '  Pendleton  changed. 

which  was  ceded  by  the  Cherokee  nation,  in  a  treaty  concluded  at  Washington, 
on  the  twenty-second  day  of  March,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  sixteen,  and  confirmed  by  an  act  of  the  legislature  of  this 
State,  passed  on  the  nineteenth  day  of  December,  in  the  same  year,  shall  be, 
and  the  same  is  hereby  declared  to  be  annexed  to,  and  shall  form  and  continue 
a  part  of  the  election  district  of  Pendleton. 


AMENDMENT,  RATIFIED  DECEMBER,  19-20,  1828. 

That  the  third  section   of  the  fifth  article  of  the  constitution  of  this  State, 
shall  be  altered,  to  read  as  follows,  viz  : 

Sec.  3.  The  Governor,  Lieutenant-Governor,  and  all  civil  officers,  shall  be 
liable  to  impeachment  for  high  crimes  and  misdemeanors,  for  any  misbehaviour  Gren^te°rfedmpeach 
in  office,  for  corruption  in  procuring  office,  or  for  any  act  which  shall  degrade 
their  official  character.     But  judgment,  in  such  cases,  shall  not  extend  further 


172  TIIE   CONSTITUTION    OP    THE   STATE   OP    SOUTH    CAROLINA. 

than  to  removal  from  office,  and  disqualification  to  hold  any  office  of  honor, . 
trust,  or  profit,  under  this  State.     The  party  convicted   shall,  nevertheless,  he 
liable  to  indictment,  trial,  judgment  and  punishment,  according  to  law. 

ah  district  offices  to  Sec.  4.  All  civil  officers,  whose  authority  is  limited  to  a  single  election  dis- 
trict, a  single  judicial  district,  or  part  of  either,  shall  he  appointed,  hold  their 
office,  he  removed  from  office,  and  in  addition  to  liability  to  impeachment,  may 
be  punished  for  official  misconduct,  in  such  manner  as  the  legislature,  previous 
to  their  appointment,  may  provide. 

Removal  for  infirm-  Sec.  5.  If  any  civil  officer  shall  become  disabled  from  discharging  the  duties 
of  his  office,  by  reason  of  any  permanent  bodily  or  mental  infirmity,  his  office 
may  be  declared  to  be  vacant,  by  joint  resolution,  agreed  to  by  two-thirds  of 
the  whole  representation  in  each  branch  of  the  Legislature :  Provided,  That 
such  resolution  shall  contain  the  grounds  for  the  proposed  removal,  and  before 
it  shall  pass  either  house,  a  copy  of  it  shall  be  served  on  the  officer  and  a  hear- 
ing be  allowed  him. 


AMENDMENT,  RATIFIED  DECEMBER  6,  1834. 

oath  of  offioe.  That  the  fourth  article  of  the  Constitution  of  this  State,  shall  be  amended, 

so  as  to  read  as  follows,  viz  :  Every  person  who  shall  be  chosen  or  appointed  to 
any  office  of  profit  or  trust,  before  entering  on  the  execution  thereof,  shall  take 
the  following  oath :  "  I  do  solemnly  swear,  (or  affirm,)  that  I  will  be  faithful, 
and  true  allegiance  bear  to  the  State  of  South  Carolina,  so  long  as  I  may  con- 
tinue a  citizen  thereof;  and  that  I  am  duly  qualified,  according  to  the  constitu- 
tion of  this  State,  to  exercise  the  office  to  which  I  have  been  appointed ;  and 
that  I  will,  to  the  best  of  my  abilities,  discharge  the  duties  thereof,  aud  preserve, 
protect  and  defend  the  constitution  of  this  State,  and  of  the  United' States  : 
So  help  me  God." 


INDEX 


Constitution  of  the  State  of  South  Carolina, 


Reference  to  the  Articles,  Sections,  Provisions,  and  Amendments. 


Abbeville,  number  of  Representatives.     Amendment  1808  1  3 

"  one  Senator.     Amendment  1808  -  1  7 

Absent  members,  attendance  of,  may  be  compelled  by  number 

less  than  a  quorum  -.  -  111 

Absence  from  the  State,  of  Governor,  or  Lieutenant-  Governor, 

who   shall  succeed  in  case  of.     See  Depart.  2  5 

Accept  disqualifying  office,  if  members  should.  See  Office  1       21,  22 

Act  of  Legislature.     Amendments,  1808,  S.  11 ;  1816 ;  1820  7 

See  Law,  Houses,  Legislature. 
Adjourn,  less  than  a  quorum  may,  from  day  to  day         -  1  11 

"        neither  house  shall,  for  more  than  three  days,  with- 
out the  consent  of  the  other  -  -         1  19 
"        the  Governor  shall  adjourn  the  two  houses,  in  case 
of  disagreement 
Adjournment              - 
Affirmation.     Amendment  1834, 
Age  of  voter  for  member  of  either  house.     Amend.  1810 


2 

13 

1,2 

14,  13 

,4,5 

5,2 

1 

4 

174  INDEX   TO   THE    CONSTITUTION    OF 

Art.  Sec. 

Age  of  Member  of  House  of  Representatives  -  16 

"  of  Senator  -  -  -  1  8 

"  of  Governor         -  -  -22 

Agents  of  Contractors        -  -  -  1  21 

Allegiance.     Amendment  1834 

All  Saints.     Amendment  1808  -  -  1  3, 7 

Alterations  of  Constitution,  how  to  be  made.     Amendment 

1808,  sec.  11  -  -  11  2 

Amendments  of  Constitution,  1808,  1810,  1816,  1820,  1828 
1834. 
"  of  1808,  how  to  be  altered.    Amendment  1808, 

S.  11. 
"  and  alterations  of  bills,  by  two  houses 

Appeals.     Amendment  1816         - 
Appointed.     Amendments  1828,  1834 

See  Elected,  Chosen,  and  Nomination. 
Appointment  of  Representation.     Amendment  1808 
Appropriation  of  money,  how  made 
Arrest  of  member  or  witness         - 

"       by  order  of  House,  and  rescue 
Army  of  this  State  - 

"      of  the  United  States,  non-commissioned  officers  and 
soldiers,  not  entitled  to  vote.     Amendment  1810. 
Assault  upon  member,  or  witness,  how  punished 
Attainder,  bill  of         - 
Auction,  taxes  on  sales  at.     Amendment  1808,  S.  5. 


Bail,  excessive,  not.  to  be  required 
Ballot,  members  of  the  Legislature  to  be  chosen  by 
"       officers  of  either  house         -■ 
"       Governor,  two  houses  jointly,  to  choose  by 
"       Judges,  Treasurer,  Secretary  of  State,  and  Surveyor 
General,  to  be  chosen  by  joint 
Barnwell,  (See   Winton,  Art.    1.  Sec.  3,  7.)     Amendment 
1808,  S.  8. 


1 

15 

10 

3 

4,  6,  9, 

2,5 

1 

3,7 

1 

17 

1 

13,14 

1 

14 

1,2 

21,6 

1 

13 

9 

2 

9 

4 

1 

2,7 

1 

12 

2 

1 

THE    STATE    OF    SOUTH    CAROLINA. 


175 


Bills  for  raising  revenue,  shall  originate  in  the  House  of  Re- 
presentatives, but  may  be  altered,  amended,  or  re- 
jected by  the  Senate 

"    other,  may  originate  in  either  house,  and   be  amended, 
altered,  or  rejected  by  the  other 

"    when  they  shall  have  the  force   of  laws 

"    readings,  signing,  and  sealing  of  - 

"    rejected,  not  to  be  brought  in  again  without  leave  and 
notice         - 

"    of  attainder         - 

"    to  alter  the  Constitution 

"    to  alter  the  amendments  of  1808.     Amendment  1808, 
S.  11. 


15 


1 

15 

1 

16 

1 

16 

1 

20 

9 

2 

1 

2 

c. 

Census.     Amendment  1808,  S.  1,  2. 
Certificate  of  citizenship       - 

Charleston,  (including  St.  Philip's  and  St.  Michael's.)     Am. 
1808. 
"  one  Treasurer  to  reside  at 

"  original  books  of  Treasury  to  be  kept  at.     Prov. 

"  Secretary  of  State  and  Surveyor,  in  person,  or  by 

Deputy,  to  keep  office  at 
Chester.     Amendment  1808 
Chesterfield.     Amendment  1808 
Cherokee  Nation,  territory  of,  annexed  to  Pendleton.   Amend. 

1820 
CJwose,  Chosen.     Amendment  1834.     A.  1,8.  2 ;  A.  1,  S. 
V  ;   A.  1,  S.  10,  12  ;  A.  2,  S.  1 ;  A.  2, 
S.  3,  4;  A.  4. 

See  Elected  and  Appointed. 
Christ  Church.     Amendment  1808     - 
Citizens  of  this  State,  members  to  be  chosen  by 
"     voters  must  be.     Amendment  1810 
"      members  of  house  must  be  - 

"      of  senate 
"      Governor  must  be  one 


1 

3,7 

10 

1 

3 

10 

2 

1 

3,7 

1 

3,7 

3,7 

2,7 
4 
6 
8 
2 


176 


INDEX   TO   THE    CONSTITUTION    OP 


Citizens,  Lieutenant-Governor  must  be  one 

"      general  knowledge  of  the  laws  of  this  State,  be  dif- 
fused among  the.     Prov. 
"      may  continue  a  citizen  thereof.     Amendment   1834 
Civil  Power  superior  to  military 

"    officers  liable  to  impeachment.     Amendment  1828 
"         "         "  removal,  by  resolution.     Am.  1828. 

"    Societies  -  -  -  - 

Claremont.     Amendment  1808  -  - 

Clarendon.     Amendment  1808        - 
Classes,  Senators  divided  into  two.     Amend.  1808,  Sec.  10. 
Clergymen  - 

Columbia,  seat  of  government 

"        Constitution  adopted  at.     Conclusion. 

"         one  Treasurer  to  reside  at  - 

"         Secretary  of  State  and  Surveyor  General  to  keep 

office  at  -  - 

"         Judges  to  meet  at.     Amendment  1816. 
"         first  meeting  of  Legislature  to  be  at,  in  January. 
Prov.  ..-..- 

"         balance  of  Treasury  books,  to  be  lodged  at.  Prov. 
Commander-in-Chief  -. 

Commissioners  of  the  Treasuary.     (/See  Treasurers.) 
Commissions,  in  what  name  and  form,  and  by  whom  signed 
"  no  other,  except  in  militia,  to  be  held  by  Go- 

vernor - 

See  Office. 
"  of  Judges,  to  be  during  good  behaviour 

"  of  the  Peace,  former  to  cease.     Prov. 

Compensation  of  members  of  the  Legislature 
"  of  Governor  - 

"  of  Judges  of  the  Supreme  Courts 

Conclusion  of  prosecutions  - 

Constitution,  former,  of  this  State.     Prov.   sees.  1,  8,  and 
Preamble  to  Provisions 
"  present  of  this  State,  ordained  and  established 

by  delegates  of  the  people.     Preamble  and 
Conclusion. 


Art. 
2 


10 


Sec. 

3 


2 

3,7 

3,7 

8 

23 

10 


10 

2 

10 

3 

2 

3 

2 

6 

6 

3 

2 

2 

3 

1 

7 

1 

18 

2 

10 

3 

1 

3 

1 

4 

11 

2 

4 

1 

13 

9 

o 

1 

21 

4 

11 

2,5 

7,3 

R 

o 

THE  STATE  OF  SOUTH  CAROLINA.  177 


Constitution,oa,th  to  defend.     Amendment  1834 

"  how  to  be  altered.     Amendment  1808,  Sec.  11 

"  of  the  United  States,  oath  to  defend.     Amend- 

ment 1834 
Contempt  of  either  house,  what,  and  how  punished 
Contracts,  obligations  of,  not  to  be  impaired 
Contractor,  or  his  agent,  excluded  from  the  legislature 
Convention,  delegates  of  the  people  met  in,  ordain  the  Consti- 
tution.    Preamble  and  Conclusion  ;  Prov. 
"  of  the  people,  how  to  be  called 

Conviction.     Amendment  1828 
Corporate  bodies,  rights  of,  preserved 
Corruption  in  procuring  office.     Amendment  1828. 

County  Courts.     Prov.  7.  ••  -  -         1  21 

Courts  of  Law  and  Equity,  as  established  by  legislature,  ju- 
dicial power  vested  in  -         3  1 
"               "                "      Judges  of,  tenure  of  office,  and 

compensation 
"  "  "       |    "        how  elected  •    ■ 

"  "  "      for  Appeals.     Amendment  1816 

*  fees  of,  to  be  regulated.     Prov.  -  .  ■ 

"  County.     Prov.  7      - 

Crimes,  high,  subject  of  impeachment.     Amendment  1828. 


D. 


Darlington.     Amendment  1808 
Days  of  general  election.     Amendment  1808,  Sec.  10. 
"     of  reading  bills.     Amendment  1808,  Sec.  11. 
"     more  than  three,  neither  house  shall  adjourn  without  the 

consent  of  the  other  -  - 

"     notice  of  six,  for  bringing  in  a  rejected  bill 
"     not  exceeding  thirty,  Governor  may  prohibit  the  expor- 
tation of  provisions 
Death  of  member,  vacancy  by,  how  filled 

"      of  Governor,  or  Lieutenant-Governor,  who  shall  succeed 
23 


3 

1 

6 

1,2 

10 

3 

4 

1 

21 

1 

3,7 

1 

10,22 

1 

16 

1 

19 

1 

20 

2 

9 

1 

22 

2 

5 

Art. 

Sec. 

1 

13 

1 

22 

10 

2 

3 

3 

1 

12 

178  INDEX   TO   THE  CONSTITUTION   OF 

Debate,  freedom  of,  how  secured 

Delegates  of  the  people,  in  convention.     Preamble. 

Depart  the  State,  if  person  chosen  a  member  should.     See 

Absence.  - 

Deputy  of  Secretary  of  State  and  Surveyor  General 
Dignity  of  the  State  - 

Disorderly  behaviour,  each  house  may  punish  member  for 
Disqualifying  office  for  member   of  the   legislature.      See 

Office.  -  -  -  1  22 

Disqualification  to  hold  office  in  case  of  impeachment.     Am. 

1828        -  -  -  .53 

District,  a  single  election  or  judicial.     Amendment  1828. 
See  Election  District,  and  the  names  of  the  several  Districts. 


E. 

Edgefield.     Amendment  1808         -  -  -  1  3, 7 

Elected.     A.  1,  S.  3;  A.  1,  S.  7;   A.  1,  S.  22;  A.  2,  S.  4, 
5 ;  A.  2,   S.  10 ;  A.  6,  S.   1,  2.     Prov.  2,  8. 
See  Chosen,  Appointed,  Nomination. 
Election.     A.  1.  S.  4,  5,  6;  A.  1,  S.  8,  9 ;  A.  1,  S.  11 ;  A. 
1,  S.  22;  A.  2,  S.  1 ;  Prov.  7;  Amendments 
1808,  S.  7;  1808,  S.  10,  11;  1810. 
Election  Districts.     A.  1,  S.  3,  4;  A.  1,  S.  6;  A.  1,  S.  8; 
A.  1,  S.  22.     Amendments  1808,  S.  2,  6,  8,  9, 
10,  1810,  1820;  1828. 
"      appointment  amongst.     Amendments  1808, 1820.  1  3,  7 

"      to  remain  as  established.     Amendments   1808,  S. 

8,  9 ;  1820. 
"       in  which  citizens  may  vote 
"       neglecting  to  choose  a  member 
Election  general.     Amendment  1808,  S.  7. 
"        new.     Amendment  1808,  S.  11. 
«        Writ  of        - 

"        of  members  of  House  of  Representatives.    Amend- 
ments 1808,  A.  1,  S.22;  1810. 
«        of  Senators.     Amendments  1808,  S.  9,  10 ;  1810. 


1 

4 

1 

22 

1 

10 

11 

2 

1 

22 

1 

2,3,4,5,6 

17,8,9,22 

Art, 

See. 

1 

12 

2 

2,3 

6 

1 

6 

2 

THE  STATE  OF  SOUTH  CAROLINA  179 


Election  of  officers  of  either  house 

"         of  Governor  and  Lieutenant-Governor 
"         of  Judges,  Treasurer,  Secretary  of  State,  and  Sur- 
veyor General  h  * 
"         of  Sheriffs,  and  other  officers 
"         of  Justices  of  the  Peace  and  Justices  of  the  County 

Courts.     Prov.  »'-•..•-'»  7 

**         of  rotatory  officers,  at  first  meeting  of  the  legisla- 
ture.    Prov.         -  8 
"         of  its  members,  judged  of  by  each  house         -                 1             11 
Eligible,  who  may  be,  to  a  seat  in  the  House  of  Represen- 
tatives             -                -                -                         1  6, 21, 23 
"        who  may  be,  as  Senator                   -                -                1    8,  21 23 
"                 "           as  Governor  or  Lieutenant  Governor              2               2 
"         Treasurers,   Secretary  of  State,  Surveyor  General, 

and  Sheriffs  not  again,  for  four  years.    Prov.  8.  6  1,  2 

"  Ministers  of  the  Gospel  not  eligible  to  legisla- 
ture, or  office  of  Governor  or  Lieutenant  Go- 
vernor - 
Enumeration  of  white  inhabitants.  Amendment  1808 
Equity,  Courts  of.  Amendment  1816 
Equitable  distribution  of  the  estates  of  - 
Estate  of  member  protected.     See  Qualifications. 

**       of  societies  preserved         - 
Executive  authority  vested  in  Governor 

"        department,  officers  in,  to  give  information  to  Go- 
vernor, when  required 
Exiled  - 

Expenses  of  members  - 

Exportation  of  provisions 
Ex  post  facto  law         -  -  ■•  - 


F. 

Fairfield.     Amendment  1808               .  -                 -         1           3, 7 

Fees  not  to  be  taken  by  Judges                     -  -                 3               1 

"    of  Courts  and  officers,  to  be  established.  Prov.              -                        4 


1 

23 

2,3 

3,10 

1,3 

10 

5 

1 

14 

8 

2 

1 

1 

2 

11 

9 

2 

1 

18 

2 

9 

9 

2 

Lrt. 

Sec, 

1 

14 

2 

7 

9 

4 

2 

7 

1 

6 

1 

8 

2 

2 

2 

3 

9 

2 

9 

2 

1 

4,6,8 

180  INDEX   TO   THE   CONSTITUTION    OF 

Felony,  excepted  from  privilege  against  arrest 

Fines,  Governor's  power  to  remit 
"      excessive,  not  to  be  imposed 

Forfeitures,  Governors  power  to  remit 

Fork  between  Broad  and  Saluda  Rivers.     Amendment  1808, 
S.  8. 

Fractions  of  population  and  taxes.  Amendment  1808,  S.  4,  6. 

Freeholds  qualification  of  voter.     Amendment  1810. 

"  "        of  member  of  House  of  Represent- 

atives 
"  "         of  Senator         - 

"  "         of  Governor 

"  "        of  Lieutenant-Governor 

"  "        of  freemen  not  to  be  disseized  of 

Freeman  of  this  State  - 

Free  white  man.     Amendment  1810. 


<r. 


General  Assembly,  Legislative  authority  vested  in  -11 

«  "        shall  consist  of  Senate  and  House  of  Re- 

presentatives --11 

«             ««         Governor  shall  give  information  &c.  to  1             12 

«             «        may  be  convened  by  the  Governor            -  2             13 
See  Houses. 

Government,  seat  of.     Prov.  2.  1             10 

"             free,  founded  on  the  authority  of  the  people,  &c.  9               1 

"            to  be  administered  as  before,  &c.  Prov.              -  1 

Governor,  how  and  when  chosen 

"         qualifications  of  office  - 

"         compensation  of  - 

"         shall  not  be  re- eligible  for  four  years     -  2               2 

"         minister  or  preacher  shall  not  be                      -  1             23 

"        member  chosen,  his  seat  vacated            -                 -  2              4 

"         shall  hold  no  other  office  except  in  militia  2               2 


2  2 

2  10 


THE    STATE   OP    SOUTH    CAROLINA- 


181 


Governor,  in  case  of  impeachment,  removal  from  office,  death, 
resignation  or  absence  from  State,  Lieut.  Go- 
vernor shall  succeed 

"         may  appoint  a  place  for  meeting  of  the  Legisla- 
ture, if  unsafe  to  meet  in  Columbia 

"         shall  be  Commander-in-Chief,  to  what  extent 

"         his  power  as  to  pardons,  and  reprieves,  and  remis- 
sion of  fines,  and  forfeitures 

"         shall  take  care  that  the  laws  be  faithfully  execu- 
ted, in  mercy  - 

"         his  power  as  to  prohibiting  exportation  of  pro- 
visions - 

"         may  require  information  from  the  officers  in  the 
Executive  Departments 

"         shall  give  information  and  recommend  measures  to 
the  General  Assembly 

"        may  convene  the  General  Assembly 

"         may  adjourn  the  two  houses  in  case  of  disagree- 
ment, &c. 

"        liable  to  impeachment,  for  what.  Amendment  1828 

"         commissions  shall  be  signed  by 

"         shall  reside  where  the  Legislature  sits,  when,  &c. 

u         shall  have  enumeration  effected,  if  not  made  in  the 
year  appointed.     Amendment  1808 
Greenville.     Amended  1808 


10 

6 


11 


2 

12 

2 

13 

2 

13 

5 

3 

6 

3 

10 

4 

3 

1 

3,7 

H. 


Hereditary  distinction  - 

Honor,  office  of.     Amendment,  1828,  S.  3 
Horry.     See  Kingston.  \ 
Houses,  General  Assembly  to  consist  of  two 

"     qualifications  of  voters  for  a  member  of  either 

"     shall  each  judge  of  the  elections,  qualifications  and 
returns  of  its  members 

"     majority  of  each,  a  quorum,  &c. 

"    where  they  shall  meet 


9 

5 

5 

3 

1 

1 

1 

4 

1 

11 

1 

11 

1 

10 

182  INDEX  TO  THE  CONSTITUTION  OF 


Sec. 


1 

12 

1 

13 

1 

14 

1 

21 

1 

22 

1 

23 

Houses,  shall  each  choose  its  own  officers,  determine  its  rules 
of  proceeding,  punish  members,  expel,  &c. 

shall  each  punish  for  contempt,  when  and  how 

members  of  both  protected,  extent  of  privilege 

bills  for  revenue,  must  originate  in  the  House  of  Re- 
presentatives— 

all  others  in  either ;  all  altered,  amended  or  rejected, 

by  either  -  -  -  1  15 

bills  must  be  read  three  times  in  both ;  sealed  and 

signed  in  the  Senate  house,  to  have  the  force  of  law  1  16 

compensation  of  their  members  -  1  18 

neither  shall  adjourn  more  than  three  days,  &c,  with- 
out the  consent  of  the  other  -  -         1  20 

bills  rejected  by  either,  shall  not  be  brought  in  again 

without  leave  and  notice  -  -  1  20 

persons  holding  disqualifying  offices,  excluded  from 
either  - 

vacancy  in  either,  how  created  and  filled 

ministers  and  preachers,  excluded  from 

jointly  to  choose  Governor,  in  the  House  of  Repre- 
sentatives 2  1 

member  of  either,  chosen  Governor,  or  Lieutenant- 
Governor         -  -  -  2  4 

nomination  to  office  of  Governor  or  Lieutenant  Go- 
vernor, in  case  of  vacancy,  made  by  the  two  -         2  5 

in  case  of  their  disagreement  as  to  the  time  of  ad- 
journment, may  be  adjourned  by  the  Governor  2  13 

may  be  convened  by  the  Governor  -  -         2  13 

to  elect  Judges  and  various  officers,  by  joint  ballot 

in  the  House  of  Representatives  -  6  1 

to  meet  the  first  Monday  in  January  next,  after  the 

formation  of  the  Constitution.     Prov.  -  2 

two-thirds  of  the  whole  representation  in  both,  ne- 
cessary to  call  a  conven- 
tion -  -         11  1 
"                        "     to  alter  the  Constitution               11  1 
"■                        "     to  alter  the  amendments  of 

1808.     Amendment  1808  11 


THE   STATE   OF    SOUTH   CAROLINA.  183 

Art.  Sec. 

Houses,  two  thirds  of  the  whole,  to  pass  joint  resolution  for 

removal  of  officers. 
Amended  1828  -  5 

"     to  change  the  Seat  of  Go- 
vernment -  1  10 
"             "                        "     two -thirds  of  both,  in  eases 

of  impeachment  -         5  1, 2 

"  "  "     of  either  to  expel  a  member  1  12 

See  Legislature. 
House  of  Representatives,  a  branch  of  the  General  Assembly  1  1 

"  Its  members,  how  chosen  and  for 

what  time  -  1  2 

"  its  members  apportioned  between 

the  different  election  Districts. 
Amendment  1808  -  1  3 

"  qualifications  of  its  members,  A.  1 

S.  6;  A.1,  S.  21,  23 ;  A.  2,  S.  4 
"  reading  of  bills,  in  -  1  15 

"  bills  for  revenue  must  originate  in  1  15 

"  shall  have  sole  power  of  impeaching  5  1 

"  readings  of  bills  to  alter  the  Con- 

stitution, in  -  11  2 

1 '  readings  of  bills  to  alter  the  amend- 

ments of  1808,  in.  Amend.  1808  11 

"  shall  consist  of  124  members,  ap- 

portioned amongst  the   several 
districts,  according  to  white  pop- 
ulation   and   taxes.     Amend's., 
1808. 
"  election  districts  for  members  of,  to 

remain  as  established.     Amend- 
ments 1808,  S.  8;  1820. 
"  joint  ballot  for  Governor,  to  be  in  2  1 

joint  ballot  for  Judges  and  other 
officers,  to  be  in  -  6  1 

See  Houses. 


184  INDEX   TO   THE   CONSTITUTION    OF 

I. 


Impeachment,  how  made  -  -  -  5  11 

"  how  tried         -  -  -  -5  2 

"  who  may  he  liahle  to,  and  for  what.     Amend. 

1828  .--53 

"  what  judgment  in  case  of,  and  what  liahility 

after  conviction  -  '  -  -         5  3 

"  of  Governor  or  Lieutenant  Governor,  in  case 

of,  who  shall  succeed  -  -  2  5 

"  cases  of,  excepted  from  Governor's  power  to 

grant  reprieves  and  pardons  -  2  7 

Imprisoned,  freeman  not  to  he  unlawfully  -  -         9  2 

Imprisonment,  mode  of  punishing  certain  contempts       -  1  13 

Infirmity,  bodily  or  mental ;  office  may  be  declared  vacant  for. 

Amendment  1828  -  5 


J. 


Judicial  power  vested  in  such  courts  as  the  Legislature  may 

establish  3 

Judges  shall  hold  commissions,  during  good  behaviour  -         3 

"        of  the  Superior  Courts,  shall  receive  a  fixed  compen- 
sation •-  3 
«                         "             "     shall  receive   no  fees  or  per- 
quisites of  office         "  3 
«                         "             "     shall  hold  no  other  office          -         3 
«                        "             "     shall  be  elected  by  joint  ballot 

of  both  houses,  in  the  House 
of  Representatives  -         6 

«  «  "     shall  meet  and  sit  at  Colum- 

bia and  Charleston  for  new 
trial,  &c.  Amendment  1816         10 
«  «  "     shall  meet  and  sit,  at  times 

and  places  to  be  prescribed  by  the  Legislature,  for 
new  trials,  &c.     Amendment  1816 


TIIE    STATE   OF    SOUTH    CAROLINA. 


185 


Judgment,  of  peers  -  -  *  9 

"         in  cases  of  impeachment  -  -  5 

"         arrest  of  -  -  -       10 

Justices  of  the  Peace,  and  of  County  Courts,  not  excluded  from 

the  Legislature  1 

"  "  "         to  be  elected  at  first  meeting 

of  the  Legislature,  Prov. 

"  "  "  periods  of  of- 

fice to  be  fixed,  Prov. 
Jury,  trial  by  -  -  9 


2 
3 
3 

21 

7 

7 
6 


Kershaw. 
Kingston. 


Amendment,  1808 
Amendment,  1808 


3,7 
3,7 


L. 


Lancaster.     Amendment  1808  - 

Laurens.     Amendment,  1808       - 
Law  of  the  land  - 

"     ex  post  facto       - 
"     impairing  the  obligation  of  contracts 
"     force  of,  when  bills  shall  have 
"     Courts  of  - 

"     points  of,  to  be  determined  by  Judges.  Amendment  1816 
"     manner  and  penalties  for  compelling  attendance  of  ab- 
sent members,  may  be  provided  by 
"     compensation  of  members,  may  be  increased  or  dimin- 
ished by,  if,  &c. 
"     unless  otherwise  directed  by,  Governor  may  remit  fines, 
"     punishment  according  to,  party  convicted  on  impeach- 
ment, liable  to 
"    until  otherwise  directed,  officers  appointed  as  before,  &c. 
"    fees  to  be  regulated  by.     Prov. 
24 


1 

3,7 

1 

3,7 

9 

2 

9 

2 

9 

2 

1 

16 

1 

1 

10 

3 

11 

18 

7 

3 
2 
4 


186  INDEX   TO    THE    CONSTITUTION    0? 


Art. 


Law,  periods  of  commission  of  the  Peace,  to  be  declared  by, 

Prov.  -  7 

"  manner  of  enumeration,  to  be  directed  by.  Amend- 
ment 1808  ....  2 
Laws  to  be  faitlifully  executed  in  mercy,  by  Governor  2  8 
"  of  force,  to  continue,  &c.  7 
"  for  abolition  of  rights  of  primogeniture  -  -  10  5 
"  existing,  Prov.  ....  2 
"     the  revising,  digesting  and  publishing  of,  to  be  provided 

for.     Prov.  -  6 

See  Act:  Houses. 
Legislative  authority,  vested  in  General  Assembly  1  1 

Legislature.     A.  1,  S.  14 ;  A.  1,  S.  18  ;  A.  1,  S.  21 ;  A.  7 ; 
A.  10,  S.  4 ;  A.  11,  S.  2 ;  Amendments  1808 
S.   2,  3,    11;   1810,    1816,   1820,   1828. 
Prov.  1,  2,  6,  7,  8. 
"  shall  make  no  alteration  in  compensation  of  its 

members,  to  take  effect  during  its  existence  1  18 

shall  not  increase  or  diminish  compensation  of 

Governor,  during  his  term  of  office       -  2  10 

"  shall  not  increase  or  diminish  compensation  of 

Judges,  during  their  continuance  in  office  3  1 

"  restrictions  upon,  as  to  liberty  of  conscience  8  1 

"  "  rights  of  religious  societies 

and  corporate  bodies  8  2 

power  and  rights  of  the  people  -  9  1 

"  "  rights  of  freeman  -  9  2 

"  shall  pass  no  bill  of  attainder,  ex  post  facto  law, 

or  law  impairing  the  obligation  of  contracts  9  2 

shall  grant  no  title  of  nobility,  or  hereditary  dis- 
tinction, nor  create  any  office  for  longer  time 
than  during  good  behaviour  -  -         9  5 

"  shall  not  violate  the  trial  by  jury,  or  the  liberty 

of  the  press         -  -  -  9  6 

may  direct  and  establish  courts        -  3  1 

shall  pass  laws  for  abolishing  the  rights  of  pri- 
mogeniture, &c.  -  10  5 


THE    STATE    OF    SOUTH    CAROLINA.  187 

Art.  Sec. 

Legislature  may  provide  for  appointment,  tenure  and  remo- 
val of  officers,  whose  authority  is  limited  to 
a  single  district,  &c.     Amendment  1828         -  4 

"  may  declare  office  vacant  for  infirmity,   &c. 

Amendment,  1828  -  5 

"  should  regulate  fees.     Prov.  -  -  4 

"  should  provide  for  settlement  of  the  accounts 

of  Treasurers.     Prov.  -  5 

**  should  provide  for  revising,  digesting,  and  pub- 

lishing the  laws  of  this  State.     Prov.  -  6 

"  shall  proceed  to  election  of  Justices  of  Peace 

&c.     Prov.  -  -  -  .  7 

See  Houses :  Law. 
Lexington.     See  Saxe  Gotha.     Amendments  1808  -  8 

Liberty.     Amendments  1808.       - 

Liberty  of  conscience  .... 

"        of  the  press 

"         of  freeman  secured  ... 

Lieutenant-Governor  chosen,  continue,  and  be  qualified  as  Go- 
vernor 
"  shall  succeed  to  office  of  Governor,  when 

"  who  shall  succeed  to  his  office,  in  certain 

cases 
"  a  member  chosen,  his  seat  vacated 

"  minister  or  preacher  shall  not  be 

"  liable  to   impeachment,  for  what.     Am. 

1828. 
Life  secured  - 

Lot,  Senators  divided  into  classes,  by.     Amendment  1808, 
S.  10 


M. 


Magna  Charta  -  -  -  -         9  2 

Marion.     See  Liberty. 

Marlborough,  -  -  -  -  1  3, 7 


1 

3,7 

8 

1 

9 

6 

9 

2 

2 

3 

2 

5 

2 

5 

2 

4 

1 

23 

5 

3 

9 

2 

Art. 

Sec. 

10 

3 

1,2 

10,1 

1,7,8 

2 

8 

9 

3 

1 

21 

2 

2 

188  INDEX   TO   THE   CONSTITUTION    OF 

Meeting  of  Judges.     Amendment  1816. 

"      of  Senate  and  House  of  Representatives 
"      of  Legislature.     Prov.  - 

Mercy,  laws  to  be  executed  in      - 

Military  subordinate  to  civil  power       ... 
Militia  of  this  State,  office  in,  not  to  disqualify  a  member  of 
tbe  Legislature 
"  office  in,  Governor  may  hold 

"  Governor  shall  be  Commander-in-Chief 

of,  except  when  called  into  the  actual 
service  of  the  United  States  -         2  6 

Minister  of  the  Gospel  shall  not  be  eligible  to  the  office  of 
Governor  or  Lieutenant-Governor,  or  to  a  seat  in 
the  Legislature  -  -  -         1  23 

Misdemeanor  in  office.     Amendment  1828  5  3 

Misbehaviour  in  office.     Amendment  1828 
Misconduct,  official.    Amendment  1828 
Money  not  to  be  drawn  from  the  Treasury,  without  legisla- 
tive authority  -  -  -  1  17 


N. 


Navy  of  this  State  ••  -  -  -       1, 2       21, 6 

Negroes,  as  qualification  for  member  of  House  of  Representa^ 

tives  *■• 

Newberry.     Amendments  1808. 
Nobility  - 

Nomination  to  offices  of  Governor  and  Lieutenant-Governor 
Notice  of  six  days  for  bringing  in  rejected  bill 
Number  of  Representatives  to  be  elected  by   each  district. 
Amendments  1808.  ... 

"       of  Legislature.     Amendments,  1808 
"       of  members  of  which  the  House  of  Representatives 

shall  consist.     Amendment,  1808 
"       for  quorum  of  either  house 
"       smaller,  may  adjourn,  compel  attendance  of  absent 

members,  &c.  -  n  ^  1  11 


1 

6 

1 

3,7 

9 

5 

1 

5 

1 

20 

1 

3 

1 

7 

2 

1 

11 

THE  STATE  OF  SOUTH  CAROLINA  189 

Art.       See. 

Number  of  white  inhabitants,  in  apportioning  Representatives. 
Amendments  1808. 
"       which  shall  concur,  in  various  cases.     See  Houses. 


Oath  may  be  required  from  voter 
"   of  all  persons  appointed  to  office  of  profit  or  trust.  Am. 
1834.  ..... 

"    Senator  shall  be  on,  in  trial  of  impeachment 

See  Qualify. 
Office,  what  shall  exclude  from  the  legislature 

"     no  other,  Governor  shall  hold,  except  in  militia 
"     no  other,  Judge  shall  hold 
"     none,  longer  than  good  behaviour 
"     misdemeanor  in,  or  corruption  in  procuring.  Amen.  1828 
"     of  honor.     Amendment  1828 
"     of  profit  or  trust.     Amendment  1828,  S.  3. 
"    fees  of,  to  be  regulated.     Prov. 
Officers  of  either  House,  to  be  chosen  by  ballot 
"     liable  to  impeachment.     Amendment  1828 
"     whose  authority   is  limited  to  a  single  district,  &c. 

Am.  1828. 
"     disabled  by  infirmity,  may  be  removed,  how,  Am.  1828. 
"     returning,  may  prove  voter,  how  -  1  4 

"     in  executive  department,  to  give  information,  to  Go- 
vernor -  -  -  -         2  11 

"     rotatory,  may  be  re  elected  at  first  meeting  of  legisla- 
ture.    Prov.  ...  8 

"    non-commissioned,  of  the  Army  of  the  United  States, 

cannot  vote.     Amendment  1820. 
"    what,  shall  be  elected  by  the  legislature.     Am.  1828, 
Prov.  7.     A.  6,  S.  1,  2 ;  A.  2,  S.  1,  3  ;  A.  1,  S.  12 
"     how  other  officers  shall  be  appointed.     Amendment 

1828.  -  -  -  6  2 

See  Governor,  Judges,  Treasurers,  Secretary,  Sheriffs,  Justices. 
Orange.     Amendments  1808.     -  -  -  1  3, 7 


5 

2 

1 

21 

2 

2 

3 

1 

9 

5 

5 

3 

1,5,3,4  21, 

3,1 

4 

1 

12 

5 

3 

190 


INDEX    TO    THE   CONSTITUTION    OF 


Order 

Ordinance 

Outlawed 


1  12, 13 
1  15,  20 
9  2 


Pardons,  granted  by  Governor,  how,  &c. 
Paupers  cannot  vote.     Amendment  1810. 
Pay.     See  Compensation. 
Peace,  breach  of,  excepted  from  privilege 

"       and  dignity  of  the  same         - 

"       of  State       - 

"       of  people  -•«,-•'•- 

"       Justices  of.     Prov.  7. 
Pendleton.     Amendments  1808;  1820 
Peers  - 

People,  delegates  of,  in  convention.     Preamble. 

"        power  in,  and  government  for 
Persons  protected,  of  member,  witness,  or  person  ordered  to 

attend  either  House 
Perquisites  of  office,  Judges  shall  receive  none 
Place  for  meeting  of  the  legislature.     Prov.  2. 

"     of  sitting,  cannot  be  changed  by  one  house 

"     of  voting  for  members  of  the  legislature 

"     for  residence  of  Governor 

"     for  meeting  of  the  Judges.     Amendment  1816. 

"     for  offices  of  Surveyor  General  and  Secretary  of  State, 
and  Treasurers  - 

"     of  ratification  of  acts 

"     for  joint  balloting  - 

Population  in  apportioning  representation.  Amendment  1808 
Power,  other,  office  under  - 

"       in  people  -  -  - 

"       military  subordinate  to  civil 
Preachers  - 

President  of  the  Senate,  how  elected 
"  "         must  sign  Acts 


1 

14 

3 

3 

8 

1 

9 

1 

1 

21 

1 

3,7 

9 

2 

11 

9 

1 

1 

13,14 

3 

1 

1 

10 

1 

19 

1 

4,7 

10 

4 

10 

3 

10 

1,2 

1 

16 

2,6 

1,1 

6 

1,2,3 

21,  2, 1 

9 

1 

9 

3 

1 

23 

1 

12 

1 

16 

THE    STATE   OF    SOUTH    CAROLINA. 


191 


President  of  the  Senate,  when  to  issue  writ  of  election 

"  "  shall  succeed  to  the  office  of  Lieut. 

Governor 
Prince  George.     See  Winyaw. 
Prince  William.     Amendments  1808 
Privileges  of  members         - 

"         of  societies  and  corporate  bodies 

"         of  freeman  - 

Process,  style  of  - 

Proclamation  of  Governor 
Profit,  offices  of.     Amendment  1828,  S.  3 
Property  secured.     See  Qualifications. 
Prosecutions,  in  what  name,  and  how  concluded 
Protection  of  witness,  or  person  ordered  to  attend  either  house 

"         of  member,  in  person  and  estate 

"         of  freeman  - 

Provisions,  exportation  of,  prohibited  by  Governor 
Publication  of  bills  to   alter  the   Constitution.     Am.  1808, 

S.  11 
Punishment  of  members  by  either  House 
"        of  contempts 
"        cruel,  not  to  be  inflicted 


22 


1,  3,  4 


1 

3,7 

1 

14 

8 

2 

9 

2 

3 

2 

1 

10 

[,b 

21,  1, 3 

9 

2 

3 

2 

1 

13 

1 

13,14 

9 

2 

o 

9 

11 

2 

1 

12 

1 

13 

9 

4 

ft. 


Qualify,  if  person  chosen  a  member  refuses  to 
Qualified,  in  oath  of  office.     Amendment  1834. 
Qualifications  of  voter  for  member  of  either  House.  Am.  1810 
of  Representative.     A.  1,  S.  6 ;  A.   1,  S.  21, 

22,  23;  A.  2,  S.  4 
of  Senator,  A.  1,  S.  8 ;  A.   1,  S.  21,  22,  23 ; 
A.  2,  S.  4. 
"  of  Governor 

"  of  Lieutenant-Governor 

of  members,  to  be  judged  of  by  each  House   - 
Quorum-,  a  majority  of  either  House 

"      number  less  than,  may  adjourn,  &c. 


22 
4 


2 

2 

2 

3 

1 

11 

1 

11 

1 

11 

192  INDEX  TO  THE  CONSTITUTION  Of 

R. 


Ratification  of  Acts  -  -  - 

Readings  of  bills  -'.*-.. 

"         of  bills  to  alter  the  Constitution 
"         of  bills  to  alter  the  amendments  of  1808.    Am.  1808 
Receipt  for  taxes  - 

Refusal  to  qualify  •  - 

Rejected,  bill  may  be  in  either 

"       bill,  how  brought  in  again 
Religious  profession  without  discrimination 

"       societies,  rights  preserved 

"       persuasion,  preacher  of  any,  excluded  from  Legis- 
lature - 
Removal  from  office  of  Governor  or  Lieutenant-Governor 

"       upon  impeachment.     Amen,  1828,  S.  3 

"       of  district  ofiicers,  maybe  provided  for.     Am.  1828 

"       of  ofiicers  for  infirmity.     Am.  1828 
Repealed.  - 

Representation,  apportioned.     Amend.  1808 
Representatives.     (See  House  of  Representatives.) 
Reprieves,  Governor's  power  to  grant 
Rescue  of  person  arrested  by  order  of  either  House 
Residence  of  voter.     Amend.  1810. 

"        of  Representative 

"        of  Senator  - 

"        of  Governor,  before  election 

"        of  Lieutenant  Governor 

•        of  Governor  during  his  term 

"        of  Treasurers       - 

"        of  Secretary  of  State  and  Surveyor  Generals 
Resignation  of  Governor  or  Lieutenant-Governor 
Resolution,  joint.     Amend.  1828. 
Returns  of  Members,  each  House  shall  judge  of 
Returning  officer  may  prove  voter 
Revenue,  bills  for        - 
Richland.     Amend.  1808 
Rights,  declaration  of  - 


Art. 

Sec. 

1 

16 

1 

16 

11 

2 

11 

1 

5 

1 

22 

1 

15 

1 

20 

8 

1 

8 

2 

1 

23 

1 

23 

5 

3 

4 

5 

7 

1 

3,7 

2 

7 

1 

13 

1 

14 

1 

6 

1 

8 

2 

2 

2 

3 

10 

4 

10 

1 

10 

2 

2 

5 

1 

11 

1 

5 

1 

15 

1 

3,7 

9 

IHE    STATE    OF    SOUTH    CAROLINA. 


193 


Mights  of  primogeniture     - 

"         of  societies  and  corporate  bodies  shall  remain 
Rotatory  officers.     Prov. 
Rules  of  proceeding,  each  House  to  determine 


Art. 

Sec. 

10 

5 

8 

2 

8 

1 

12 

s. 


Safety  of  State  .".'.'. 

"     of  people  - 

Salaries,  will  exclude  Justices  from  the  Legislature 

See  Compensation. 
Saxe-Gotha.     Amend.  1808  -  - 

Seal,  great,  to  be  affixed  to  acts 

"     of  State,  commissions  to  be  sealed  with 
Secretary  of  State,  how  elected  and  term  of  office 
"  "     not  re-eligible 

"  "     to  keep  office  in  Columbia  and  Charleston 

Senate,  branch  of  the  General  Assembly 

"      members,  how  chosen,  and  for  what  time 

"      members  apportioned  between  Districts,  &c.     Amend. 

1808,  S.  9. 
"      qualification  of  members.     A.  1,  S.  8 ;  A.  1,  S.  21, 

23;  A.  2,  S.  4. 
"      divided  into  classes.     Amend.  1808,  S.  10 
"      seats  of  certain  Senators  vacated.     Amend.  1808. 
11      power  over  bills  for  revenue  and  other  bills 
"      shall  try  all  impeachments,  and  how 
Senate,  readings  in,  of  bills, 

"      readings  in,  of  bills  to  alter  the  Constitution,     - 
"      readings  in,  of  bills  to  alter  amendments  of  1808. 

Amend.  1808         - 
"      shall  be  composed  of  one  member  from  each  election 
District,  except  St.  Philips's  and  St.  Michael's,  two. 
Amend.     1808 

See  Houses 
Senate  House  :  bills  to  be  signed  in  - 

25 


8 

2 

9 

1 

1 

22 

1 

3,7 

1 

16 

6 

3 

6 

1 

6 

1 

10 

2 

1 

1 

1 

4 

1 

9 

10 

1 

15 

5 

2 

1 

16 

1 

2 

11 
11 

16 


194 


INDEX   TO    THE    CONSTITUTION    OV 


Session:  A.  1,  8.  10;  A.  1,  S.  19  ;    A.  10,  S.  4;    A.  11, 

S.  2;     Prov.  4.     Amendments  1808,    Sec.  2,  11. 

"      annual  - 

Sheriffs.     Amend.  1828,  S.  4 

Sitting.     A.  1,  S.  13,  14;  A.  1,  S.  19,  20;  A.  5,  S.  2; 
A,  10,  S.  4;  Prov.  1. 

"      of  Judges.     Amend.     1816 
Societies,  civil  and  religious,  rights,  &c  ,  preserved 
Soldiers  of  army  of  United  States  excepted  from  voting. 

Am.  1810. 
Spartan.     Amend    1808 
Speaker  of  the  House  of  Representatives :  how  elected 

"  "  "  must  sign  Acts 

"  "  "  when  to    issue 

writ  of  election 
Speech,  freedom  of,  how  secured 
St.  Andrew,  Amendments  1808 
St.  Bartholomew,  Amendments  1808 
St.   George — Dorchester,  Amendments  1808 
St.  Helena,  Amendments  1808 
St.  James — Goose  Creek,   Amendments  1808     - 
St.  James — Santee,  Amendments  1808 
St.  John — Berkley,  Amendments  1808 
St.  John — Colleton,  Amendments  1808 
St.  Luke,  Amendments  1808 
St.  Matthew,  Amendments  1808 
St.  Paul,  Amendments  1808 
St.  Philip  and  St.  Michael,  Amendments  1808 
St.  Peter,  Amendments  1808 
St.  Stephen,  Amendments  1808    -  - 

St.   Thomas  and  St.  Dennis,  Amendments  1808 
State  of  South  Carolina.     Preamble. 

"  "  "  style  of  process,  prosecutions  in 

name  of, 

"  "  "  commissions  in  name  of, 

State,  any  office  under,  excludes  from  Legislature 

"     office  under,  Governor  shall  not  hold 

"     office  under,  Judge  shall  not  hold 


10 


See. 


10 
2 


3,  7 
12 
16 

22 
13 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 

3,  7 


2 

3 

21 

2 

1 


Art. 

Sec. 

3 

2 

6 

1 

6 

1 

THE    STATE    OF    SOUTH    CAROLINA.  195 


Style  of  process  - 

Surveyor  General,  how  elected  and  term  of  office       '   - 

"  "         not  re-eligible 

"  "         to  keep  offices  in  Columbia  and  Charleston        10 


Taxes,  as  qalification  for  voter.     Amendment  1810 
"       receipt  for,  may  be  required  from  voter 
"       in  apportioning  representatives.     Amendments  1808 
Term  of  Office,  of  Keprescntatives 
"  "  Senators 

"  "  Governor        ... 

"  "  Lieutenant-Governor 

"  Judges.     Amendment  1828,  S.  4     - 

"  "  Treasurers,  Secretary  of  State  and  Sur- 

veyor General 
Sheriffs.     Amendment  1828,  S.  4 
District  officers.     Amend.  1828,  S.  4 
"  "  none  longer  than  during  good  behaviour 

Threat  of  harm  to  member,  when  and  how  punished 
Time  of  general  election  .... 

"     for  annual  meeting  of  the  Legislature 
"     of  members,  privilege  - 

"     for  first  meeting  of  the  Legislature.     Prov. 
"     for    publishing   bill    for    alteration   of    Constitution. 

Amendments  1808,  S.  11 
"     for  census  or  enumeration.     Amendments  1808 
"     for  meeting  of  the  Judges.     Amendment  1816 
"     to  which  Governor  may  adjourn  Houses 
"     for  which  election  in  case  of  vacancy  of  seat  shall  beheld 
"     for  which  President  of  Senate  shall  succeed  to  Lieu- 
tenant-Governor -  -  -  2  5 
See  Days  :  Residence :  Term. 
Title  of  nobility                   -                 -                 -                 -         9               5 
Town  lot,  as  qualification  for  voter.     Amendment  1810                    1  4 
Treason,  not  priviledgcd  from  arrest                                                 1           142 


1 

4 

1 

5 

1 

2,22 

1 

7,22 

2 

1 

2 

3 

3 

1 

6 

1 

6 

2 

6 

2 

9 

5 

1 

13 

1 

10 

1 

10 

1 

14 

2 

11 

2 

2 

10 

3 

2 

13 

1 

22 

196 


INDEX   TO   THE    CONSTITUTION    OF 


Treasurers,  or  Commissioners  of  the  Treasury,  how  elected 
and  term  of  office 
"  not  re-eligible 

"  one  in  Columbia  and  other  in  Charleston 

"  to  take  a  balance  of  the  Treasury  books 

"  annual  and  final  settlement  of  accounts. 

Treasury,  how  money  shall  be  drawn  from 
"         compensation  of  members,  from 
"         business  to  be  conducted  by  two  Treasurers 
Trial  of  impeachments 
"     ty  jury      - 

"     new.     Amendment  1816     - 
Two-thirds.     See  Houses. 


- 

6 

1 

- 

6 

1 

- 

10 

1 

Prov. 

3 

Prov. 

5 

- 

1 

17 

- 

1 

18 

3 

10 

1 

. 

5 

2 

- 

9 

6 

_ 

10 

3 

u. 


Union.     Amendments.     1808 
United  States,  office  under,  excludes  from  Legislature 
"  "  G-overnor  shall  not  hold 

"  "  Judge  shall  not  hold 

"  "  militia  called  into  actual  service  of, 

Governor  shall  not  command 
"  "  constitution   of,  oath  to  defend. 

Amend.  1834 
•'  "  independence  of.     Conclusion. 

«  "  non-commissioned  officers  and  sol- 

diers of    army   not    to   vote. 
Amendment  1820. 


1 

3,7 

1 

22 

2 

2 

3 

1 

V. 


Vacancy  in  seat,  for  disqualifying  office 

"  "         how  created  and  filled 

Vacant,  office  declared,  for  infirmity.     Amendment  1828 
"        seats  of  certain  Senators  declared.  Amendments,  1808 


21 
22 

10 


THE  STATE  OS"  SOUTH  CAROLINA.  197 

Art.       See. 

White  inhabitants.     Amendments  1808,  S.   1,  3.     See  free 

white  man. 
Williamsburg.    Amendments  1808 
Winton.     Amendments  1808 
Winy  aw.     Amendments  1808      - 
Witness  attending  either  house,  protected 
Writ  of  election,  when  and  how  issued 


1 

3,7 

1 

3,7 

1 

3,7 

1 

13 

1,2 

22,4 

Year.     See  age.     Residence.     Term.     Time. 

York.     Amendments  1808  -  -  1  3, 7 


,k 


THE  CONSTITUTION 


OF 


THE   UNITED  STATES  OF   AMERICA 


THE  CONSTITUTION 


01 


THE  UNITED  STATES  OF  AMERICA. 


WE,  the  people  of  the  United  States,  in  order  to  form  a  more  perfect  union,  Preamble, 
establish  justice,  ensure  domestic  tranquility,  provide  for  the  common  defence, 
promote  the  general  welfare,  and  secure  the  blessings  of  liberty,  to  ourselves 
and  our  posterity,  do  ordain  and  establish  this  Constitution,  for  the  United 
States  of  America. 


ARTICLE  L 


SECTION  I.  Legislative  Pow- 

ers. 

All  legislative  powers  herein  granted,  shall  be  vested  in  a  Congress  of  the  congress. 
United  States,  which  shall  consist  of  a  Senate  and  House  of  Representatives. 


SECTION   II.  House  of  Represen- 

tatives. 

1.  The  House  of  Representatives   shall  be  composed  of  members  chosen  Members,  how  cho- 
every  second  year,  by  the  people  of  the  several  States,  and  the  electors  in  each  Qualifications  of 

voters. 

State,  shall  have  the  qualifications  requisite  for  electors  of  the  most  numerous 
branch  of  the  State  Legislature. 

2.  No  person  shall  be  a  Representative,  who  shall  not  have  attained  to  the  Qualifications  of 

»  p  ■,  members. 

age  ot  twenty-nve  years,  and  been  seven  years  a  citizen  of  the  United  States, 
and  who  shall  not,  when  elected,  be  an  inhabitant  of  that  State  in  which  he 
shall  be  chosen. 
26 


202 


the  co.NSTmmojf  or 


Apportionment     of 
Representatives. 


Federal  members. 


3  Representatives  and  direct  taxes  shall  be  apportioned  among  the  several 
States  which  may  be  included  within  this  Union,  according  to  their  respective 
numbers,  which  shall  be  determined,  by  adding  the  whole  number  of  free 
persons,  including  those  bound  to  service  for  a  term  of  years,  and  excluding 

Census.  Indians  not  taxed,  three-fifths  of  all  other  persons.     The  actual  enumeration 

shall  be  made  within  three  years  after  the  first  meeting  of  the  Congress  of  the 
United  States,  and  within  every  subsequent  term  of  ten  years,  in  such  manner 
as  they  shall  by  law  direct.  The  number  of  Representatives  shall  not  exceed 
one  for  every  thirty  thousand,  but  each  State  shall  have  at  least  one  Represen- 
tative ;  and  until  such  enumeration  shall  be  made,  the  State  of  New- Hampshire 
shall  be  entitled  to  choose  three ;  Massachusetts,  eight ;  Rhode  Island  and 
Providence  Plantations,  one  ;  Connecticut,  five ;  New  York,  six ;  New  Jersey, 
four ;  Pennsylvania,  eight ;  Delaware,  one ;  Maryland,  six  ;  Virginia,  ten ; 
North  Carolina,  five  ;  South  Carolina,  five  ;  and  Georgia,  three. 

vacancies  m  House.  4.  When  vacancies  happen  in  the  representation  from  any  State,  the  Execu- 
tive authority  thereof,  shall  issue  writs  of  election  to  fill  such  vacancies. 

omcers.  5.  The  House  of  Representatives  shall   choose  their  Speaker  and   other 

officers ;  and  shall  have  the  sole  power  of  impeachment. 


SECTION  III. 


Vote. 

See  Art.  5^ 
Senators  classed 


1.  The  Senate  of  the  United  States  shall  be  composed  of  two  Senators  from 
each  State,  chosen  by  the  Legislature  thereof,  for  six  years ;  and  each  Senator 
shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled,  in  consequence  of  the  first 
election,  they  shall  be  divided,  as  equally  as  may  be,  into  three  classes.  The 
seats  of  the  Senators  of  the  first  class,  shall  be  vacated  at  the  expiration  of 
the  second  year  ;  of  the  second  class,  at  the  expiration  of  the  fourth  year ;  and 
of  the  third  class,  at  the  expiration  of  the  sixth   year ;  so  that  one-third  may 

vacancies  in  senate  De  chosen  every  second  year ;  and  if  vacancies  happen,  by  resignation  or  other- 
wise, during  the  recess  of  the  Legislature  of  any  State,  the  executive  thereof 
may  make  temporary  appointments,  until  the  next  meeting  of  the  Legislature, 
which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator,  who  shall  not  have  attained  to  the  age  of 
thirty  years,  and  been  nine  years  a  citizen  of  the  United  States,  and  who  shall 
not,  when  elected,  be  an  inhabitant  of  that  State  for  which  he  shall  be  chosen. 

4.  The  Vice-President  of  the  United  States,  shall  be  President  of  the  Senate, 
but  shall  have  no  vote,  unless  they  be  equally  divided. 


Qualifications  of 
Senators. 


Vice-President  vote 


THE    CNITKD    STATES    OF    AMERICA.  2t>3 

5.  The  Senate  shall  choose  their  other  officers,  and  also  a  President  pro- other  office™, 
tempore,  in  the  absence  of  the  Vice-President,  or  when  he  shall  exercise  the 

office  of  President  of  the  United  States. 

6.  The  Senate   shall  have   the  sole  power  to  try  all  impeachments :  when  impeachments. 
sitting  for  that  purpose,  they  shall  be  on  oath  or  affirmation.     When  the  Presi- 
dent of  the  United  States  is  tried,  the  Chief  Justice  shall  preside :  and  no  Trial, 
person  shall  be  convicted,  without  the  concurrence  of  two-thirds  of  the  members 
present. 

7.  Judgment,  in  cases  of  impeachment,  shall  not  extend  farther  than  to  Judsmeut. 
removal  from  office,  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust,  or  profit,  under  the  United  States;  but  the  party  convicted  shall,  never- 
theless, be  liable  and  subject   to   indictment,  trial,  judgment,  and  punishment, 
■according  to  law. 

SECTION  IV. 

1.  The   times,  places,  and  manner  of  holding  elections  for  Senators   and  Elections* 
Representatives,  shall  be  prescribed  in  each  State,  by  the  legislature  thereof;  Legislature  a»a 
but  the   Congress  may,  at  any  time,  by  law,  make  or  alter  such  regulations,    ongress' 
except  as  to  the  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  everv  vear,  and  such  meet- 

°  J   J         '  *~"     Annual  meeting : 

ing  shall  be  on  the  first  Monday  in  December,  unless  they  shall,  by  law,  appoint  Day. 
a  different  da  v. 


SECTION  V.  „      .      „,, 

Houses  several/!/ . 

1.  Each  House  shall  be  the  judge  of  theelections,  returns,  and  qualifications,  to  judge. 
of  its  own  members,  and  a  majority  of  each,  shall  constitute  a  quorum  to  do  Quorum- 
business ;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members,  in  such  manner,  and, 
under  such  penalties,  as  each  House  may  provide. 

2.  Each  House  may  determine  the  rules  of  its  proceedings,  punish  it  mem-  Rules. 
bers  for  disorderly  behaviour,  and,  with  the  concurrence  of  two-thirds,  expel  a  BxpeU 
•member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  from  time  to  journals. 
time  publish  the  same,  excepting  such  parts  as  may,  in  their  judgment,  require 
•secrecy,  and  the  yeas  and  nays  of  the  members  of  either  House,  on  any  question,  Yeas  and  Nays. 
shall,  at  the  desire  of  -one-fifth  of  those  present,  be  entered  on  the  journal. 


204 

Adjournment. 


TIIE    CONSTITUTION    OF 


4.  Neither  House,  during  the  Sesssion  of  Congress,  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days,  nor  to  any  other  place 
than  that  in  which  the  two  Houses  shall  be  sitting. 


Compensation. 


Privileges. 


Office. 


SECTION  VI. 

The  Senators  and  Representatives  shall  receive  a  compensation  for  their 
services,  to  be  ascertained  by  law,  and  paid  out  of  the  Treasury  of  the  United 
States,  They  shall,,  in  all  cases  except  treason,  felony,  and  breach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance  at  the  session  of  their  respect- 
ive Houses,  and  in  going  to  and  returning  from  the  same  ;  and  for  any  speech 
or  debate  in  either  House,  they  shall  not  be  questioned  in  any  other  place. 

2.  No  Senator  or  Representative  shall,  during  the  time  for  which  he  was 
elected,  be  appointed  to  any  civil  office  under  the  authority  of  the  United  States, 
which  shall  have  been  created,  or  the  emoluments  whereof  shall  have  been 
increased  during  such  time ;  and  no  person  holding  any  office  under  the  United 
States,  shall  be  a  member  of  either  House,  during  his  continuance  in  office. 


SECTION  VII. 

•    # 
Bills-  1.  All  bills  for  raising  revenue,  shall  originate  in  the  House  of  Representa- 

tives, but  the  Senate  may  propose,  or  concur  with,  amendments,  as  on  other 
bills.. 
Qualified  veto  of      2.  Every  bill  which  shall  have  passed  the  House  of  Representatives  and  the 

President.  J  r  r 

Senate,  shall,  before  it  become  a  law,  be  presented  to  the  President  of  the 
United  States ;  if  he  approve,  he  shall  sign  it,  but  if  not,  he  shall  return  it, 
with  his  objections,  to  that  House  in  which  it  shall  have  originated,  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  re-consider  it. 
If,  after  such  re -consideration,  two-thirds  of  that  House  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  together  with  the  objections,  to  the  other  House,  by  which 
it  shall  likewise  be  re-considered,  and  if  approved  by  two-thirds  of  that  House, 
it  shall  become  a  law.  But  in  all  such  cases,  the  votes  of  both  Houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting  for  and 
against  the  bill,  shall  be  entered  on  the  journal  of  each  House  respectively.  If 
any  bill  shall  not  be  returned  by  the  President,  within  ten  days,  (Sundays 
excepted,)  after  it  shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress,  by  their  adjourn- 
ment, prevent  its  return,,  in  which  case  it  shall  not  be  a  law. 


Proceedings     after 
bis  objections. 


THE    UNITED    STATES    OE    AMERICA.  205 

3.  Every  order,  resolution,  or  vote,  to  which  the  concurrence  of  the  Senate  Every  order,  resolu- 
tion, &c.,  as  bill. 

and  House  of  Representatives  may  be  necessary,  (exeept  on  a  question  of 
adjournment,)  shall  be  presented  to  the  President  of  the  United  States;  and 
before  the  same  shall  take  effect,  shall  be  approved  by  him,  or,  being  disapproved 
by  him,  shall  be  re-passed  by  two-thirds  of  the  Senate  and  House  of  Repre 
sentatives,  according  to  the  rules  and  limitations  prescribed  in  the  case  o 


SECTION  VIII. 

1.  The  Congress  shall  have  power  to  lay  and  collect  taxes,  duties, 
and  excises,  to  pay  the  debts  and  provide  for  the  common  defence  and 
welfare  of  the  United  States;  but  all  duties,  imposts  and  excises  shal 
uniform  throughout  the  United  States; 

2.  To  borrow  money  on  the  credit  of  the  United  States ;  Borrow  money. 

3.  To  regulate  commerce  with  foreign  nations,  and  among  the  several  States  commerce. 
and  with  the  Indian  tribes  ; 

4.  To  establish  an  uniform  rule  of  naturalization,  and  uniform  laws  on  the  Naturalization,  &o. 
subject  of  bankruptcies  throughout  the  United  States ; 

5.  To  coin  money,  regulate  the  value  thereof,   and  of  foreign  coin,  and  fix  coin,&c. 
the  standard  of  weights  and  measures ; 

6.  To  provide  for  the  punishment  of  counterfeiting  the  securities  and  current  counterfeiting. 
coin  of  the  United  States ; 

7.  To  establish  post  offices  and  post  roads ;  Post  offices,  &c. 

8.  To  promote  the  progress  of  science  and  useful  arts,  by  securing  for  lim-  science  and  Arts. 
ited  times  to  authors  and  inventors  the  exclusive  right  to  their  respective 

writings  and  discoveries ; 

9.  To  constitute  tribunals  inferior  to  the  supreme  court ;  courts. 

10.  To  define  and  punish  piracies  and  felonies  committed  on  the  high  seas,  piracies. 
and  offences  against  the  law  of  nations : 

11.  To  declare  war,  grant  letters  of  marque  and  reprisal,  and  make  rules  war,&c 
concerning  captures  on  land  or  water ; 

12.  To  raise  and  support  armies,  but  no  appropriation  of  money  to  that  use  Armies, 
shall  be  for  a  longer  term  than  two  years ; 

13.  To  provide  and  maintain  a  navy  ;  Navy. 

14.  To  make  rules  for  the  government  and  regulation  of  the  land  and  naval  Rules  for  forces. 
forces ; 

15.  To  provide  for  calling  forth  the  militia  to  execute  the  laws  of  the  Union,  Mmtia* 
suppress  insurrections  and  repel  invasions ; 


206  THE    CONSTITUTION    Of 

Reservation  to  16.  To  provide  for  organizing,  arming,  and  disciplining,  the  militia,  and  for 

governing  sucli  part  of  them  as  may  be  employed  in  the  service  of  the  United 
States,  reserving  to  the  States  respectively,  the  appointment  of  the  officers,  and 
the  authority  of  training  the  militia  according  to  the  discipline  prescribed  by 
Congress ; 

Exclusive  legislation      17.  To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  such  dis- 

over  10  miles. 

trict  (not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular  States, 
and  the  acceptance  of  Congress,  become  the  seat  of  the  government  of  the  United 
States,  and  to  exercise  like  authority  over  all  places  purchased  by  the  consent 
of  the  Legislature  of  the  State  in  which  the  same  shall  be,  for  the  erection  of 
Places  for  forts,  &c.  forts,  magazines,  arsenals,  dock-yards,  and  other  needful  buildings;  And 
LroWernecessaryand  ^'  ^°  make  au<  laws  which  shall  be  necessary  and  proper  for  carrying  into 
execution  the  foregoing  powers,  and  all  other  powers  vested  by  this  Constitution 
in  the  Government  of  the  United  States,  or  in  any  department  or  office  thereof 


Express  Prohibi- 
tions. 


Upon  Congress. 


SECTION  IX. 


importation  of  per-      1.  The   migration  or  importation  of  such  persons  as  any   of  the  States  now 

sons  before   1308. 

see  Art.  5.  existing  shall  think  proper  to  admit,  shall  not  be  prohibited  by  the  Congress, 

Tax.  prior  to  the  year  eighteen  hundred  and  eight,  but  a  tax  or  duty  may  be  imposed 

on  such  importation,  not  exceeding  ten  dollars  for  each  person. 
Habeas  corpus.  2.  The  privilege  of  the  writ  of  Habeas   Corpus  shall  not  be  suspended, 

upon  <m  the  author-  unless  when  in  cases  of  rebellion  or  invasion  the  public  safety  may  require  it. 

ities  of  the  General  *■  *  *         I 

Attainder"*'  3.  No  bill  of  attainder  or  ex  post  facto  law  shall  be  passed. 

Direct  taxes  and  4.  No  capitation,  or  other  direct  tax,  shall  be  laid,  unless  in  proportion  to 

census,   See  Art.  1  r  #  r      r 

sec.  2  Art.  5.         ^he  census  or  enumeration  herein  before  directed  to  be  taken. 

No  exportation  5.  No  tax  or  duty  shall  be  laid  on  articles  exported  from  any  State. 

No  preterence  be-      6.  No  preference  shall  be  given  by  any  regulation  of  commerce  or  revenue, 

vessels  bound,  &c.  to  the  ports  of  one  State  over  those  of  another ;  nor  shall  vessels  bound  to,  or 

from,  one  State,  be  obliged  to  enter,  clear,  or  pay  duties  in  another. 
PrUoblriat?oTami  a£      7.  No  money  shall  be  drawn  from  the  Treasury,  but  in  consequence  of 

appropriations  made  bylaw ;  and  a  regular  statement  and  account  of  the  receipts 

and  expenditures  of  all  public  money  shall  be  published  from  time  to  time. 
Title  of  nobility,         8.  No  title  of  nobility  shall  be  granted  by  the  United  States :  and  no  person 
Present,  &c,  from  holding  any  office  of  profit  or  trust  under  them,  shall,  without  the  consent  of 

the  Congress,  accept  of  any  present,  emolument,  office,  or  title,   of  any  kind 

whatever,  from  any  king,  prince,  or  foreign  State. 


THE     UNITED    STATES    Of    AMERICA.  207 

SECTION  X. 


Express  Prohibi- 
tions. 


1.  No  State  shall  enter  into   any   treaty,  alliance,  or  confederation ;  grant  upon  me  states. 
letters  of  marque  and  reprisal ;  coin   money ;  emit  bills  of  credit ;  make  any 

thing  but  gold  and  silver  coin  a  tender  in  payment  of  debts ;  pass  any  bill  of 
attainder,  ex  post  facto  law,  or  law  impairing  the  obligation  of  contracts,  or 
grant  any  title  of  nobility. 

2.  No  State  shall,  without  the  consent  of  the  Congress,  lay  any  imposts  or  without   the  con- 

,      .  .  -iiii  sent  °f  Congress 

duties  on  imports  or  exports,  except  what  may  be  absolutely  necessary  for  exe-  — 

,  .        -  .  Duties  by  State. 

cuting  its  inspection  laws :  and  the  nett  produce  of  all  duties  and  imposts,  laid 

by  any  State   on  imports  or  exports,  shall  be  for  the  use  of  the  Treasury  of 

the  United  States ;  and  all  such  laws  shall  be  subject  to  the  revision  and  control  inspection  law*. 

of  the  Congress. 

3.  No  State  shall,  without  the  consent  of  Congress,  lay  any  duty  of  tonnage, 
keep  troops  or  ships  of  war,  in  time  of  peace,  enter  into  any  agreement  or 
compact  with  another  State,  or  with  a  foreign  power,  or  engage  in  war,  unless 
actually  invaded,  or  in  such  imminent  danger  as  will  not  admit  of  delay. 


ARTICLE  II. 

SECTION  l  raoom.P.w-. 

1.  The  executive  power  shall  be  vested  in  a  President  of  the  United  States  President. 
of  America.     He  shall  hold  his  office  during  the  term  of  four  years,  and,  together  Term. 
with  the  Vice-President,  chosen  for  the  same  term,  be  elected  as  follows: 

2.  Each   State   shall  appoint,  in  such  manner  as   the  Legislature  thereof 
may  direct,  a  number  of  electors,  equal  to  the  whole  number  of  Senators  and  Electors. 
Representatives  to  which  the  State  shall  be  entitled  in  the  Congress :  but  no 
Senator  or  Representative,  or  person  holding  an  office  of  trust  or  profit  under 

the  United  States,  shall  be  appointed  an  elector. 

3.  The  electors  shall  meet  in  their  respective  States,  and  vote  by  ballot,  for  Proceedings. 
two  persons,  of  whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  State 

with  themselves.  And  they  shall  make  a  list  of  all  the  persons  voted  for,  and 
of  the  number  of  votes  for  each  ;  which  list  they  shall  sign  and  certify,  and 
transmit,  sealed,  to  the  seat  of  the  government  of  the  United  States,  directed 
to  the  President  of  the  Senate.  The  President  of  the  Senate  shall,  in  the 
presence  of  the  Senate  and  House  of  Representatives,  open  all  the  certificates, 
and  the  votes  shall  then  be  counted.     The  person  having  the  greatest  number 


208 


THE    CONSTITUTION    OF 


Amended,  see  Am.  of  votes  shall  be  the  President,  if  such  number  be  a  majority  of  the  whole 
number  of  electors  appointed ;  and  if  there  be  more  than  one  who  have  such 
majority,  and  have  an  equal  number  of  votes,  then  the  House  of  Representa- 
tives shall  immediately  choose,  by  ballot,  one  of  them  for  President ;  and  if  no 
person  have  a  majority,  then  from  the  five  highest  on  the  fist,  the  said  House 
shall,  in  like  manner,  choose  the  President.  But  in  choosing  the  President,  the 
votes  shall  be  taken  by  States,  the  representation  from  each  State  having  one 
vote ;  a  quorum  for  this  purpose  shall  consist  of  a  member  or  members  from 
two- thirds  of  the  States,  and  a  majority  of  all  the  States  shall  be  necessary  to 
a  choice.  In  every  case,  after  the  choice  of  the  President,  the  person  having 
the  greatest  number  of  votes  of  the  electors,  shall  be  the  Vice  President.  But 
if  there  should  remain  two  or  more  who  have  equal  votes,  the  Senate  shall  choose 
from  them,  by  ballot,  the  Vice-President. 

4.  The  Congress  may  determine  the  time  of  choosing  the  electors,  and  the 
day  on  which  they  shall  give  their  votes ;  which  day  shall  be  the  same  through- 
out the  United  States. 

5.  No  person,  except  a  natural  born  citizen  or  a  citizen  of  the  United  States, 
at  the  time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the  office 
of  President ;  neither  shall  any  person  be  eligible  to  that  office  who  shall  not 
have  attained  the  age  of  thirty-five  years,  and  been  fourteen  years  a  resident 
within  the  United  States. 

6.  In  case  of  the  removal  of  the  President  from  office,  or  of  his  death, 
resignation,  or  inability  to  discharge  the  powers  and  duties  of  the  said  office, 
the  same  shall  devolve  on  the  Vice-President,  and  the  Congress  may  by  law 
provide  for  the  case  of  removal,  death,  resignation,  or  inability,  both  of  the 
President,  and  Vice-President,  declaring  what  officer  shall  then  act  as  President, 
and  such  officer  shall  act  accordingly,  until  the  disability  be  removed,  or  a 
President  shall  be  elected. 

7.  The  President  shall,  at  stated  times,  receive  for  his  services,  a  compensa- 
tion, which  shall  neither  be  increased  or  diminished  during  the  period  for  which 
he  shall  have  been  elected,  and  he  shall  not  receive  within  that  period,  any* 
other  emolument  from  the  United  States,  or  any  of  them. 

8  Before  he  enter  on  the  execution  of  his  office,  he  shall  take  the  following 
oath  or  affirmation : 

'•  I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute  the  office  of 
President  of  the  United  States,  and  will,  to  the  best  of  my  ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United  States." 


Time  of  choosing. 
Hay  of  voting. 


Qualifications  of 
President. 


Vacancies  provided 
for. 


Compensation. 


Oath  of  office. 


or    THE    UNITED    STATES    OF    AMERICA.  209 

__-*_-»_,.w:     ,,  POWERS  OF    PREBI- 

SECTION     II.  BENT. 

1.  The  President  shall  be  commander-in-chief  of  the  army  and  navy  of  the  commander-in- 
United  States,  and  of  the  militia  of  the  several  States,  when  called  into  the 

actual  service  of  the  United  States ;  he  may  require  the  opinion,  in  writing,  of 

the  principal  officer  in  each  of  the   executive  departments,  upon  any  subject  Executive  Depart- 

relating  to  duties  of  their  respective  offices ;  and  he  shall  have  power  to  grant 

reprieves  and  pardons  for  offences  against  the  United  States,  except  in  cases  of  Pardon?. 

impeachment, 

2.  He  shall  have  power,  by  and  with  the  advice  and  consent  of  the  Senate,  Treaties, 
to  make  treaties,  provided  two-thirds  of  the  Senators  pi*esent  concur ;  and  he 

shall  nominate,  and  by  and  with  the   advice  and  consent  of  the   Senate,  shall  Nomination  and 

'  •>  '  appointment    of 

appoint  ambassadors,  other  public  ministers  and  consuls,  judges  of  the  supreme  °"cers- 
court,  and  all  other  officers  of  the  United  States,  whose  appointments  are  not 
herein  otherwise  provided  for,  and  which  shall  be  established  by  law :  But  the 
Congress  may  by  law  vest  the  appointment  of  such  inferior  officers,  as  they  inferior  officer* 
think  proper,  in  the  President  alone,  in  the  courts  of  law,  or  in  the  heads  of 
departments. 

3.  The  President  shall  have  power  to  fill  up  all  vacancies  that  may  happen  vacancies  in  reces». 
during  the  recess  of  the  Senate,  by  granting  commissions,  which  shall  expire  at 

the  end  of  their  next  session. 


SECTION  III.  Puties  of  pees;- 

DENT. 

1.  He  shall,  from  time  to  time,  give  to  the  Congress  information  of  the  state  Recommend. 
of  the  Union,  and  recommend  to  their  consideration  such  measures  as  he  shall 

judge  necessary  and  expedient;  he  may,  on  extraordinary  occasions,  convene  Convene  Houses. 
both  Houses,  or   either  of  them,  and  in  case  of  disagreement  between  them,  Adjourn. 
with  respect  to  the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as  ^eive  AmbM»- 
he  shall  think  proper ;  he  shall  receive  ambassadors  and  other  public  ministers ;  Laws  Execute. 
be  shall  take  care  that  the  laws  be  faithfully  executed,  and  shall  commission  all  commissions, 
the  officers  of  the  United  States, 

SECTION  IV.  Srs  IM- 

2.  The  President,  Vice-President  and  all  civil  officers  of  the  United  States,  who  riiabie  to  and 

for  what, 

shall  be  removed  from  office  on  impeachment  for,  and  conviction  of,  treason, 
bribery,  or  other  high  crimes  and  misdemeanors, 

27 


210 


JUDICIAL    POWER. 


THE    CONSTITUTION    0T 

AUTICLE    III. 


SECTION  I. 


Judges :  tenure 
and  compensation. 


3  The  judicial  power  of  the  United  States,  shall  be  vested  in  one  Supreme 
Court,  and  in  such  inferior  courts  as  the  Congress  may,  from  time  to  time,  ordain 
and  establish.  The  judges,  both  of  the  supreme  and  inferior  courts,  shall  hold 
their  offices  during  good  behaviour ;  and  shall,  at  stated  times,  receive  for  their 
services,  a  compensation  which  shall  not  be  diminished  during  their  continuance 
m  office. 


Jurisdiction  of  U. 
States  court. 


SECTION  II, 


Nature  of  the  mat 
ter. 


Character  of  the 
jarty. 


1.  The  judicial  power  shall  extend  to  all  eases  inlaw  and  equity,,  arising 
under  this  Constitution,  the  laws  of  the  United  States,,  and  treaties  made,  or 
which  shall  be  made,  under  their  authority :  to  all  cases  affecting  ambassadors, 
other  public  ministers  and  consuls ;  to  all  cases  of  admiralty  and  maratime 
jurisdiction;  to  controversies  to  which  the  United  States  shall  be  a  party;  to 
controversies  between  two  or  more  States ;  between  a  State  and  citizens  of 
another  State ;  between  citizens  of  different  States ;  between  citizens  of  the 
same  State,  claiming  land3  under  grants  of  different  States ;  and  between  a 
State,  or  the  citizens  thereof,  and  foreign  States,  citizens  or  subjects. 

2.  In  all  cases  affecting  ambassadors,  other  public  ministers  and  consuls,, 
and  those  in  which  a  State  shall  be  a  party,  the  Supreme  Court  shall  have 
original  jurisdiction.  In  all  the  other  cases  before  mentioned,  the  Supreme  Court 
shall  have  appellate  jurisdiction,  both  as  to  law  and  fact,  with  such  exceptions* 
and  under  such  regulations,  as  the  Congress  shall  make. 

jury  trial  of  crime<  3.  The  trial  of  all  crimes,  except  in  cases  of  impeachment,  shall  be  by  jury, 
and  such  trial  shall  be  held  in  the  State  where  the  said  crimes  shall  have  been 
committed ;  but  when  not  committed  within  any  State,  the  trial  shall  be  at  such 
place  or  places  as  the  Congress  may  by  law  have  directed.. 


Supreme  Court, 
original  and  ap- 
pellate. 


SECTION  III. 


TREASON. 


1.  Treason  against  the  United  States  shall  consist  only  in  levying  war 
against  them,  or  in  adhering  to  their  enemies,  giving  them  aid  and  comfort. 


THE    UNITED    STATES    01    A.UEKICA. 

No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession,  in  open  court. 

2.  The  Congress  shall  have  power  to  declare  the  punishment  of  treason ; 
but  no  attainder  of  treason  shall  work  corruption  of  blood,  or  forfeiture,  except 
during  the  life  of  the  person  attainted. 


ARTICLE  IV, 


211 


SECTION  I. 


Betwee  the 

States. 


Full  faith  and  credit  shall  be  given  in  each  State,  to  the  public  acts,  records,  ^jfijj"**  *c- 
and  judicial  proceedings  of  every  other  State.     And  the  Congress  may,  by 
general  laws,  prescribe  the  manner  in  which  such  acts,  records  and  proceedings, 
shall  be  proved,  and  the  effect  thereof. 


SECTION  II. 

1.  The  citizens  of  each  State,  shall  be  entitled  to  all  privileges  and  immuni-  citizens4  Prmie5ei. 
ties  of  citizens  in  the  several  States. 

2.  A  person  charged  in  any  State,  with  treason,  felony,  or  other  crime,  who  Persons  charged 

with  crimes,  fleeing. 

shall  flee  from  justice,  and  be  found  in  another  State,  shall,  on  demand  of  the 
executive  authority  of  the  State  from  which  he  fled,  be  delivered  up,  to  be 
removed  to  the  State  having  jurisdiction  of  the  crime. 

3.  No  person  held  to  service  or  labor  in  one  State,  under  the  laws  thereof  Persons  hew  to  ser. 

-vice,  escaping. 

escaping  into  another,  shall,  in  consequence  of  any  law  or  regulation  therein,  be 
discharged  from  such  service  or  labor,  but  shall  be  delivered  up,  on  claim  of  the 
party  to  whom  such  service  or  labor  may  be  due 


SECTION  III. 

1.  New  States  may  be  admitted,  by  the  Congress,  into  this  Union;  but  no  NewStatef 
new  State  shall  be  formed  or  erected,  within  the  jurisdiction  of  any  other  State, 
nor  any  State  be  formed  by  the  junction  of  two  or  more  States,  or  parts  of 
States,  without  the  consent  of  the  legislature  of  the  States  concerned,  as  well 
as  of  the  Congress. 


212 


the  constitution  of 


Territory  or  prop- 
erty of  U.  States. 


Claims  preserved. 


2.  The  Congress  shall  have  power  to  dispose  of,  and  make  all  needful  rules 
and  regulations  respecting  the  territory  or  other  property  belonging  to  the 
United  States  ;  and  nothing  in  this  Constitution  shall  be  so  construed  as  to 
prejudice  any  claims  of  the  United  States,  or  of  any  particular  State. 


SECTION  IV. 


aSSSm  (otL,  »nd      r^ne  United  States  shall  guaranty  to  every  State  in  this  Union,  a  Republican 
protection.  ^m  ^  Government,  and  shall  protect  each  of  them  against  invasion ;  and,  on 

application  of  the  legislature,  or  of  the  executive,  (when  the  legislature  cannot 

be  convened,)  against  domestic  violence. 


ARTICLE  ■  V. 


Amendment!. 


The  Congress,  whenever  two-thirds  of  both  Houses  shall  deem  it  necessary, 
shall  propose  amendments  to  this  Constitution ;  or,  on  the  application  of  the 
legislatures  of  two-thirds  of  the  several  States,  shall  call  a  convention  for  pro- 
posing amendments,  which,  in  either  case,  shall  be  valid  to  all  intents  and 
purposes,  as  part  of  this  Constitution,  when  ratified  by  the  Legislatures  of 
three-fourths  of  the  several  States,  or  by  conventions  in  three-fourths  thereof, 
as  the  one  or  the  other  mode  of  ratification  may  be  proposed  by  the  Congress ; 
Provided,  That  no  amendment  which  may  be  made  prior  to  the  year  one  thou- 
sand eight  hundred  and  eight,  shall  in  any  manner  affect  the  first  and  fourth 
clauses  in  the  ninth  section  of  the  first  article :  and  that  no  State,  without  its 
consent,  shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 


ARTICLE  VI. 


Former  obligations      1.  All  debts  contracted,  and  engagements  entered  into,  before  the  adoption 

of   the    U.   States  °  °  t 

maintained.  0f  thjs  Constitution,  shall  be  as   valid  against  the  United  States,  under  this 

Constitution,  as  under  the  Confederation. 

2.  This  Constitution,  and  the  laws  of  the  United  States,  which  shall  be  made 
in  pursuance  thereof,  and  all  treaties  made,  or  which  shall  be  made,  under  the 
authority  of  the  United  States,  shall  be  the  supreme  law  of  the  land ;  and  the 


Snprwn*  Iaw. 


TI1IC    UNITED    STATES   OF    AMERICA. 


213 


Judges  in  every  State  shall  be  bound  thereby ;  any  thing  in  the  constitution  or 
laws  of  any  State  to  the  contrary  notwithstanding. 

3.  The  Senators  and  Representatives  before  mentioned,  and  the  members  of  oath   to  support 

-i       11  •  •  i  this  constitution. 

the  several  State  Legislatures,  and  all  executive  and  judicial  officers,  both  of 
the  United  States  and  of  the  several  States,  shall  be  bound  by  oath  or  affirma- 
tion, to  support  this  Constitution  :  but  no  religious  test  shall  ever  be  required 
as  a  qualification  to  any  office  or  public  trust  under  the  United  States. 


ARTICLE  VII. 

1.  The  ratification  of  the  conventions  of  nine  States,  shall  be  sufficient  for  Ratification  to  cs. 

■  taolisn  constitution. 

the  establishment  of  this   Constitution,  between   the  States  so  ratifying  the 
same. 


Done  in  Convention,  by  the  unanimous  consent  of  the  States  present,  the  conclusion. 
seventeenth  day  of  September,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  eighty-seven,  and  of  the  Independence  of  the  United  States  of 
America,  the  twelfth.     In  witness  whereof,  we  have  hereunto  subscribed 
our  names. 

GrEORCE  WASHINGTON, 
President,  and  Deputy  from  Virginia. 


New  Hampshire. 
John  Langdon, 
Nicholas  Oilman. 

Massachusetts. 
Nathaniel  Gorham, 
Rufus  King. 

Connecticut. 
William  Samuel  Johnson, 
Roger  Sherman. 

New  York. 
Alexander  Hamilton. 


Delaware. 
G  eorge  Reed, 
Gunning  Bedford,  Jun., 
John  Dickinson, 
Richard  Bassett, 
Jacob  Broom. 

Maryland. 
James  M'Henry, 
Daniel  of  St.  Thomas  Jenifer, 
Daniel  Carrol. 


•214 


THE    CONSTITUTION    OP 


New-Jersey. 
William  Livingston, 
David  Brearly, 
William  Patterson, 
Jonathan  Dayton. 

Pennsylvania. 
Benjamin  Franklin, 
Thomas  Mifflin, 
Robert  Morris, 
George  Clymer, 
Thomas  Fitzsimons, 
Jared  Ingersoll, 
James  Wilson, 
G-ouverneur  Morris. 

Attest, 


Virginia. 
John  Blair, 
James  Madison,  Jun. 

North-  Carolina. 
William  Blount, 
Richard  Dobbs  Spaight, 
Hugh  Williamson. 

South- Carolina. 
John  Rutledge, 
Charles  Cotesworth  Pinckney, 
Charles  Pinckney, 
Pierce  Butler. 

Georgia, 
William  Few. 
Abraham  Baldwin. 

WILLIAM  JACKSON, 

Secretary. 


IN  CONVENTION. 


Provisional   recom 

m  on  <1  at  ion. 


Monday,  September,  17th,  1787. 

Present — The  State  of  New  Hampshire,  Massachusetts,  Connecticut,  Mr 
Hamilton,  from  New  York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland 
Virginia,  North  Carolina,  South  Carolina,  and  Georgia. 

Resolved,  That  the  preceding  Constitution  be  laid  before  the  United  States 
in  Congress  assembled,  and  that  it  is  the  opinion  of  this  Convention,  that  it 
should  afterwards  be  submitted  to  a  Convention  of  delegates,  chosen  in  each 
State,  by  the  people  thereof,  under  the  recommendation  of  its  Legislature,  for 
their  assent  and  ratification ;  and  that  each  Convention  assenting  to,  and  rati- 
fying the  same,  should  give  notice  thereof  to  the  United  States,  in  Congress 
assembled. 

Resolved,  That  it  is  the  opinion  of  this  Convention,  that,  as  soon  as  the 
Convention  of  nine  States  shall  have  ratified  this  Constitution,  the  United 


THE    UNITED    STATES    OF    AMERICA.  '21 0 

States,  in  Congress  assembled,  should  fix  a  day  on  which  electors  should  be 
appointed  by  the  States  -which  shall  have  ratified  the  same,  and  a  day  on  which 
electors  should  be  assembled  to  vote  for  the  President,  and  the  time  and  place 
for  commencing  proceedings  under  this  Constitution.  That  after  such  publica- 
tion, the  electors  should  be  appointed,  and  the  Senators  and  Representatives 
elected :  That  the  electors  should  meet  on  the  day  fixed  for  the  election  of  the 
President,  and  should  transmit  their  votes  certified,  signed,  sealed,  and  directed, 
as  the  Constitution  recpaires,  to  the  Secretary  of  the  United  States,  in  Congress 
assembled,  that  the  Senators  and  Representatives  should  convene  at  the  time 
and  place  assigned ;  that  the  Senators  should  appoint  a  President  of  the 
Senate,  for  the  sole  purpose  of  receiving,  opening,  and  counting  the  votes  for 
the  President ;  and,  that  after  he  shall  be  chosen,  the  Congress,  together  with 
the  President,  should,  without  delay,  proceed  to  execute  this  Constitution. 
By  the 'unanimous  order  of  the  Convention, 

GEO.  WASHINGTON, 

President. 
W.  Jackson,  Secretary. 


IN  CONVENTION. 

September  17th,  1787. 
Sir  :  We  have  now  the  honor  to  submit  to  the  consideration  of  the  United  Report  from  the 

Convention,  to  the 

States,  in  Congress  assembled,  that  Constitution  which  has  appeared  to  us  the  Sfa!"1800" 
most  advisable. 

The  friends  of  our  country  have  long  seen  and  desired,  that  the  power  of 
making  war,  peace,  and  treaties ;  that  of  levying  money,  and  regulating  com- 
merce, and  the  correspondent  executive  and  judicial  authorities,  should  be  fully 
and  effectually  vested  in  the  general  government  of  the  Union ;  but  the  impro- 
priety of  delegating  such  extensive  trust,  to  one  body  of  men,  is  evident —  - 
hence  results  the  necessity  of  a  different  organization. 

It  is  obviously  impracticable  in  the  federal  government  of  these  States,  to 
secure  all  rights  of  independent  sovereignty  to  each,  and  yet  provide  for  the 
interest  and  safety  of  all.  Individuals  entering  into  society,  must  give  up  a 
share  of  liberty  to  preserve  the  rest.  The  magnitude  of  the  sacrifice  must 
depend,  as  well  on  situation  and  circumstances,  as  on  the  object  to  be  obtained. 


$214  THE    CONSTITUTION    OT 

It  is  at  all  times  difficult  to  draw,  with  precision,  the  line  between  those  rights 
which  must  be  surrendered,  and  tliose  which  may  be  reserved ;  and  on  the 
present  occasion,  this  difficulty  was  increased  by  a  difference  among  the  several 
States,  as  to  their  situation,  extent,  habits,  and  particular  interests. 

In  all  other  deliberations  on  this  subject,  we  kept  steadily  in  our  view,  that 
which  appears  to  us  the  greatest  interest  of  every  true  American,  the  consoli- 
dation of  our  Union,  in  which  is  involved  our  prosperit}-,  felicity,  safety — - 
perhaps  our  national  existence.  This  important  consideration,  seriously  and 
deeply  impressed  on  our  minds,  led  each  State  in  the  convention  to  be  less  rigid 
on  points  of  inferior  magnitude,  than  might  have  been  otherwise  expected ;  and 
thus,  the  constitution  which  we  now  present,  is  the  result  of  a  spirit  of  amity 
and  of  that  mutual  deference  and  concession,  which  the  pecidiarity  of  our  situa- 
tion rendered  indispensable. 

That  it  will  meet  the  full  and  entire  approbation  of  every  State,  is  not, 
perhaps,  to  be  expected ;  but  each  will  doubtless  consider,  that  had  her  interest 
alone  been  consulted,  the  consequences  might  have  been  particularly  disagree- 
able or  injurious  to  others ;  that  it  is  liable  to  as  few  exceptions  as  could 
reasonably  have  been  expected,  we  hope  and  believe ;  that  it  may  promote  the 
lasting  welfare  of  that  country  so  dear  to  us  all,  and  secure  her  freedom  and 
happiness,  is  our  most  ardent  wish. 

With  great  respect,  we  have  the  honor  to  be,  sir,  your  Excellency's  most 
obedient  and  humble  servants. 

By  the  unanimous  order  of  the  Convention  : 

GEO.  WASHINGTON, 

President, 
flis  Excellency  the  President  of  Congress.. 


THE  UNITED  STATES  IN  CONGRESS 
ASSEMBLED. 

Friday,  September  28th,  1787, 

Present — New  Hampshire,  Massachusstts,  Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Virginia,  North  Carolina,  South  Carolina,  and 
Georgia ;  and  from  Maryland,  Mr.  Ross. 


1 


THE   UNITED   STATES   OF    AMERICA.  217 

Congress  having  received  the  report  of  the  Convention,  lately  assembled 
at  Philadelphia, 

Resolved,  unanimously,  That  the  said  report,  with  the  resolutions  and  letter  iteration  ofCon- 
accompanying  the  same,  be  transmitted  to  the  several  legislatures,  in  order  to 
submit  to  a  convention  of  delegates,  chosen  in  each  State,  by  the  people  thereof, 
in  conformity  to  the  resolves  of  the  Convention,  made  and  provided  in  that  case. 

CHARLES  THOMPSON, 
Secretary. 


AMENDMENTS. 


ARTICLE  THE  FIRST, 

Further  Express- 

Congress  shall  make  no  law  respecting  an  establishment  of  religion,  or  pro-  Rights  declared. 
hibiting  the  free  exercise  thereof;  or  abridging  the  freedom  of  speech,  or  of  the  |pS?' 
press;  or  the  right  of  the  people  peaceably  to  assemble,  and  to  petition  the  Petition. 
government  for  a  redress  of  grievances. 


ARTICLE  THE  SECOND. 

A  well  regulated  militia  being  necessary  to  the  security  of  a  free  State,  the  Si*- 
right  of  the  people  to  keep  and  bear  arms,  shall  not  be  infringed. 

ARTICLE  THE  THIRD. 

No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without  the  ssidier  quartered. 
consent  of  the  owner  ;  nor  in  time  of  war,  but  in  a  manner  to  be  prescribed 
bylaw. 

ARTICLE  THE  FOURTH. 

The  right  of  the  people  to  be  secure  in  their  persons,  houses,  papers,  and  searches  and  se&- 
effects,  against  unreasonable  searches  and  seizures,  shall  not  be  violated;  and  Wwrr*a<* 
28 


218  THE   CONSTITUTION   OF 

eb  prohibitions,   no  warrants  shall  issue,  but  upon  probable  cause,  supported  by  oath  or  affirma- 

RigUs  declared  _  r        r  ff  ^ 

-  tion,  and  particularly  describing  the  place  to  be  searched,  and  the  persons  or 

things  to  be  seized. 


ARTICLE  THE  FIFTH. 

No  person  shall  be  held  to  answer  for  a  capital  or  otherwise  infamous  crime, 

Gtana  jury.         unless  on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases  arising 

in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service,  in  time  of 

war  or  public  danger ;  nor  shall  any  person  be  subject,  for  the  same  offence,  to 

Twice  in  jeopardy.  \)Q  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled,  in  any  criminal 

Witness  against 
himself. 
Deprived  of  life, 

Private  property 


himsdff  "*  ins       case,  to  be  a  witness  against  himself;  nor  be  deprived  of  life,  liberty,  or  property 

Deprived  of  life,  &e  °  ,     „       . 

Private  property     Wltn<>ut  due  process  of  law ;  nor  shall  private  property  be  taken  for  public  use, 
for  Pub&  use.       without  just  compensation. 


ARTICLE  THE  SIXTH. 

In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right  to  a  speedy 
jury  of  state  and  an<l  public  trial,  by  an  impartial  jury  of  the  State  and  district  wherein  the 

crime  shall  have  been  committed,  which  district  shall  have  been  previously 
Nature  of  accusa-  aseertained  by  law ;  and  to  be  informed  of  the  nature  and  cause  of  the  accusa- 
confronted  **on »  *°  ^e  confr°nte(l  with  *^e  witnesses  against  him ;  to  have  compulsory 

process  for  obtaining  witnesses  in  his  favor ;  and  to  have  the  assistance  of  eoun- 

Process  for  wit- 
nesses. sei  for  jjjs  defence. 


ARTICLE  THE  SEVENTH. 

In  suits  at  common  law,  where  the  value  in  controversy  shall  exceed  twenty 
jurytnai  m  cmi     dollars,  the  right  of  trial  by  jury  shall  be  preserved ;  and  no  fact  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  court  of  the  United  States,  than  accord- 
ing to  the  rules  of  the  common  law. 


ARTICLE  THE  EIGHTH. 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
punishment.         an(3  unusual  punishments  inflicted. 


THE    UNITED    STATES   OF    AMERICA. 


219 


Further  Express- 
ARTICLE  THE  NINTH.  ASSERT 

The  enumeration  in  the  Constitution,  of  certain  rights,  shall  not  be  construed  ^3*$$?* 
to  deny  or  disparage  others  retained  by  the  people. 


ARTICLE  THE  TENTH. 

The  powers  not  delegated  to  the  United  States,  by  the  Constitution,  nor  Powwirty** 
prohibited  by  it  to  the  States,  are  reserved  to  the  States  respectively,  or  to  the 
people. 

ARTICLE  THE  ELEVENTH. 

The  judicial  power  of  the  United  States,  shall  not  be  construed  to  extend  to  stat"'bySdtheu  ot 
any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one  of  the  United  8U  jec ' 
States,  by  citizens  of  another  State,  or  by  citizens  or  subjects  of  any  foreign  m  t 
State. 

ARTICLE  THE  TWELFTH. 
1.  The  electors  shall  meet  in  their  respective  States,  and  vote,  by  ballot,  for  Election  for  presi- 

1    -TT'  T-»«l  1  1  111  1  -l-l.  dent   !ln^     V'Ce  Pfe' 

President  and  Vice  President,  one  ot  whom,  at  least,  shall  not  be  an  inhabitant  si<ient. 
of  the  same  State  with  themselves ;  they  shall  name  in  their  ballots,  the  person 
voted  for  as  President,  and  in  distinct  ballots,  the  person  voted  for  as  Vice- 
President  ;  and  they  shall  make  distinct  lists  of  all  persons  voted  for  as  Presi-  Proceedings  of 
dent,  and  of  all  persons  voted  for  as  Vice-President,  and  of  the  number  of 
votes  for  each ;  which  lists  they  shall  sign  and  certify,  and  transmit  sealed  to 
the  seat  of  the  government  of  the  United  States,  directed  to  the  President  of 
the  Senate :  the  President  of  the  Senate  shall,  in  presence  of  the  Senate  and 
House  of  Representatives,  open  all  the  certificates,  and  the  votes  shall  then  be 
counted :  the  person  having  the  greater  number  of  votes  for  President,  shall  be 
the  President,  if  such  number  be  a  majority  of  the  whole  number  of  electors 
appointed;  and  if  no  person  have  such  majority,  then,  from  the  persons  having 
the  highest  numbers,  not  exceeding  three,  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose,  immediately,  by  ballot,  £twelof  PePrcsen" 
the  President.     But.  in  choosing  the  President,  the  votes  shall  be  taken  by 


220  THE   CONSTITUTION   OF   THE   UNITED   STATES   OF   AMERICA. 

Br  states.  States,  the  representation  from  each  State  having  one  vote ;  a  quorum  for  this 

purpose  shall  consist  of  a  member  or  members  from  two-thirds  of  the  States 
and  a  majority  of  all  the  States  shall  be  necessary  to  a  choice.  And  if  the 
House  of  Representatives  shall  not  choose  a  President,  whenever  the  right  of 
choice  shall  devolve  upon  them,  before  the  fourth  day  of  March  next  following, 

vice-president  be-  then  the  Vice-President  shall  act  as  President,  as  in  the  case  of  the  death  or 

come  President. 

other  constitutional  disability  of  the  President. 

2.  The  person  having  the  greatest  number  of  votes  as  Vice-President,  shall 

be  the  Vice-President,  if  such  number  be  a  majority  of  the  whole  number  of 

electors  appointed ;  and  if  no  person  have  a  majority,  then,  from  the  two  high. 

vice-president       est  numbers  on  the  list,  the  Senate  shall  choose  the  Vice-President :  a  quorum 

elected  by  Senate, 

Quorum.  for  the  purpose  shall  consist  of  two-thirds  of  the  whole  number  of  Senators, 

and  a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

SSt.ot  3-  But  no  person  constitutionally  ineligible  to  the  office  of  President,  shall 
be  eligible  to  the  office  of  Vice-President  of  the  United  States. 


INDEX 


Constitution  of  the  United  States  of  America, 


Reference  is  made  to  the  Articles,  Sections,  Clauses,  and  Amendments. 


A. 


Art.  Sec.    Clause. 

ibsent  members,  attendance  compelled                    -  15  1 

Acceptance  of  District  of  ten  miles,  by  Congresss  1           8  17 

"          of  present,  title,  &c.  by  officer  of  United  States  19  8 

Accusation,  nature  and  cause  of    -  -  6 

Accused,  rights  of.     Amendments  4,  5,  6,               -  2           2  4 

Act,  overt                    -                 -                 -                 -  3  3  1 

Acts,  records,  &c.  of  each  State,  credit  in  other  States  4  1 

Adjourn,  less  than  a  quorum  may                   -                 -  1  5  1 
"      neither  house  can,  more  than  three  days,  without 

consent  of  other         -                -                 -  1           5  3 
"     the  houses,  President  may,  in  case  of  their  disa- 
greement with  respect  to  the  time  of  adjournment  2  3 
Adjournment  preventing  return  of  bill  by  President         -  1  7  2 
question  of,  excepted  from  being  presented 

for  President's  approval      -  1  7  3 

Admiralty,  cases  of                                -                 -  3  2  1 

Advice  and  consent  of  Senate        -                -  2  2  2 


222 


INDEX    TO    THE    CONSTITUTION    OF 


2 

3 

5 

1 

2,3 
1,2 


Affirmation.     See  Oath. 

Age  of  Representative  -  -  -         1  2 

"    of  Senator  -  -  -.13 

"     of  President  -  -  2  1 

"    of  Vice  President.     Amenement  12  c.  3.  3. 
Alliance,  no  State  shall  enter  into  -  1         10 

Ambassadors,  how  appointed  -  -  2  2 

"  cases  affecting        -  -  3  2 

"  received  by  President      -  -  2  3 

Amendments  to  revenue  bills  and  other  bills  1  6  1 

"  of  the  Constitution,  how  made  -  5 

"  none  shall  deprive  a  State  of  its  equal  suffrage 

in  the  Senate,  without  its  consent  5 

"  none  before  1808,  shallaffect  the  clause  restrain- 

ing the  prohibition  of  the  importation  of 
slaves,  or  the  clause  prohibiting  any  direct 
tax,  unless  in  proportion  to  the  census  5 

Appointment,  temporary,  of  Senator  -  1  3  2 

"  of  officers  in  militia,  reserved  to  States  1  8         16 

"  of  Electors,  as  legislature  may  direct.     Amend- 

ment, 12,  c.  1, 2  -  -  2  1  2 

«  of  Senator  or  Representative  to  certain  offices, 

prohibited  -  -  1,2      6,1  2 

"  of  officers,  by  President  -  2  2      2, 3 

"  of  inferior  officers,  may  be  vested  elsewhere        2  2  2 

See  Elections :  Officers. 

Apportionment  of  representatives,  and  direct  taxes  12  3 

Appropriations  by  law,  no  money  from  Treasury,  but  by  1  9  7 
"              for  armies,  shall  not  be  for  a  longer  time  than 

2  years             -                 -  1  8  12 

Approval  of  President,  bill,  order,  &c.  must  be  presented  for  1  7  2,  3 

"        of  houses,  to  bill  returned  by  President  1  7  2 

Armies,  to  raise  and  support,  power  of  Congress     -  1  8  12 

"      votes  for  government  of                    -  1  8  14 

"       State  restrained  from  keeping                    -  1  10  3 

"      President  Commander-in-Chief        -  2  2  1 
"      soldier  quartered.     Amendment  3. 


THE    UNITED    STATES    OF    AMERICA. 

Armies  excepted  from  right  to  have  inquest  by  Grand  Jury, 

Amendment  5. 
Arms  to  militia,  Congress  may  provide  for 
Arsenals  - 

Arts,  useful,  to  promote  the  progress  of 
Arrest,  Senators  and  Representatives'  privilege  from 

"       provisions  to  guard  against  arbitrary.     Amend.  4. 
Assemble  and  petition,  right  to.     Amendment  1. 
Attainder,  bill  of  prohibited         -  -  1 

"  of  treason,  shall  work  no  corruption  of  blood,  or 
forfeiture,  except  during  the  life  of  the  person 
attainted  3 

Authors  and  Inventors  -  -  1 


223 

Art. 

Sec. 

Clause 

1 

8 

16 

1 

8 

17 

1 

8 

8 

1 

6 

1 

9  3 


3  2 


B. 

Bail.     Amendment  8. 

Ballot,  votes  for  President,  by.     Amendment  12,  c.  1.  2 

Bankruptcy  1 

Bill  for  revenue  -  -  -  1 

"    passed,  before  it  becomes  law,  must  be  presented  to  Pres- 
sident,  approved  and  signed,   or  returned,  with  objec- 
tions, and  passed  by  two-thirds  of  both  Houses  1 
"     not  returned  within  ten  days,  shall  be  law,  unless  Con- 
gress, by  adjournment,  prevent  its  return     -  1 
Bills  of  credit,  no  State  shall  emit                 -                          1 
Bribery                                                                                   2 
Buildings,  needful  places  for         -                -  1 


7 

10 
4 

8 


3 
1 

17 


C. 

Capitation  tax  A.  5 

Captures  on  land  and  water 

Certificates  of  votes  for  President  and  Vice-President. 

Am.  12,  o.l. 
Census  - 

Cession  of  District  of  ten  miles 
Chief  Justice       .  .  -  - 


1 

9 

4 

1 

8 

11 

2 

2 

3 

1 

2,9 

3,4 

1 

8 

17 

1 

3 

6 

224 


INDEX   TO   THE  CONSTITUTION   OF 


Art. 

Citizen  of  the  United  States,  Representative  must  be  1 

"  «  «       Senator  must  be  1 

"  "  "       President  must  be  natural  born, 

or  citizen  at  the  adoption  of 
the  Constitution  2 

Citizens  of  each  State,  privileges,  &e.  in  several  States  4 

"  of  another  State ;  of  different  States ;  of  the  same 
State,  claiming  lands  under  grants  of  different 
States;  and  of  a  State  and  foreign  States' 
citizens  or  subjects,  cases  between  -         3 

Claim  of  fugitive  slave,  by  owner  4 

Claims  of  United  States,  or  any  particular  State,  -        4 

Classes  of  Senators  1 

Coin  money,    regulates    the  value    thereof  and  of  foreign 
coin,  Congress  power  to  -  1 

"    money,  no  State  shall  -  -  1 

"     counterfeiting  the  current,  of  United  States    -  1 

"     Gold  and  Silver,  a  tender  in  payment  of  debts        -         1 
Commerce  with  toreign  nations  and  among  the  several  States, 
and  with  the  Indian  tribes,  Congress  power  to 
to  regulate  -  -  -  1 

"       regulations  of,  to  be  equal  and  uniform  -         1 

Commission,  all  offices   of  United  States   to   receive  from 
President  -  -  2 

"  may  be  granted  to  fill  vacancies,  during  recess, 

which  will  expire  at  the  end  of  the  next  ses- 
sion of  Senate  ...  2 
Common-Law.     Amend.     1807. 

Compensation  of  Senators  and  Representatives      -  1 

"  of  President,  neither  increased  nor  diminished  2 

"  of  Judges,  not  to  be  diminished        -  3 

"  private  property,  shall  not  be  taken  for  public 

use,  without  just.     Amend.  5. 
Confederation,  articles  of  -  -  1 

1  no  State  shall  enter  into  any  -  1 

Confronted.     Amend  6. 


Sec    Clause. 

2  2 


10 

8 
10 

8 
9 

3 


6 

1 

1 

7 

1 

6 

1 

10 

1 

THE  UNITED    STATES   OF   AMERICA.  225 

Art.  Sec.    Clause. 

Congress  shall  consist   of  a  Senate  and   House  of  Repre- 
sentatives '  -  -  i  1 

"         all  Legislative  powers  granted  vested  in  11 

"         shall  assemble  once  a  year,  on  first  Monday  in 
December,  unless  they  shall  by  law  appoint  a 
different  day  -  -  -         1  4  2 

"  information  and  recommendations  to,  from  Presi- 
dent     •-  :  -  ^23 

**  by  adjournment  prevent  President  from  return- 
ing bill  -  -  -        1  7  2 

"         may  give  effect  of  law  to  bill  disapproved  by  Pres- 

dent,  how  -  .  -         1  7  2 

"         may  direct  the  manner  of  enumeration  or  census     12  3 

**  may  make  regulations  or  alter  those  of  State  Le- 
gislature, as  to  election  of  Senators  and  Rep- 
resentatives, except  as  to  place  of  choosing 
Senators    •     »  *  -  14  1 

"        may  revise,  and  control  inspection  laws  of  State  1         10  2 

"         may  determine  the  time  of  choosing  electors  of 
President  and  Vice-President,  and  the  day  of 
their  voting,  which  shall  be  the  same  through- 
out the  U.  S.  .  2  1  4 
may  provide  for  the  case  of  removal,  death,  &c. 

of  President  and  Vice-President  -         2  1  6 

may  establish  appointments  of  officers  not  pro- 
vided for  in  constitution  -  -         2  2  2 
may  vest  the  appointment  of  inferior  officers  in 
the  President  alone,  in  the  courts  of  law,  or 
in  the  heads  of  departments            -                2          2          2 

"        may  ordain  and  establish  courts  inferior  to  the 

Supreme  Court  -  -  3  1 

may  make  exceptions  and  regulations  as  to  the 

appellate  jurisdiction  of  the  Supreme  Court      3  2  2 

"        may  direct  where  the  trial  shall  be  had  of  offences 

to  be  committed,  not  within  any  State  3  2  3 

"         may  declare  the  punishment  of  treason,  the  effect 

of  attainder  not  being  extended  beyond  life      3  3  2 

29 


226  INDEX   TO    THE   CONSTITUTION    OF 

Art.  Sec.    Clause . 

Congress  may  prescribe   the  manner  of  proving,  and  the 

effect  of  acts,  records,  &c.       -  4  1 

"        may  admit  new  States,  subject  to  certain  restric- 
tions    -  -  -  4  3 
"         may   dispose  of  and  make  rules  concerning  the 

territory  or  other  property  of  the  U.  S.  4  3 

"  may  prepare  amendments  to  the  Constitution,  two 
thirds  of  both  Houses  concurring,  or  on  appli- 
cation of  the  Legislatures  of  two-thirds  of 
the  States,  call  a  Convention :  the  amend- 
ments to  be  ratified  by  State  Legislatures  or 
State  Conventions,  as  one  or  the  other  mode 
may  be  proposed  by  Congress  -  5 

"        may  in  time  of  war,   prescribe  the  manner  of 

quartering  soldiers  in  houses.     Amen.  3. 
"         shall  ascertain  the  districts  in  which  crimes  are  to 
be  committed  therein,  shall  be  tried.     Amend- 
ment 6. 
"        shall  have  power  to  lay  and  collect  taxes,  duties, 

fee.      -  •  -  -  1         8         1 

"  "  "      to  borrow  money         -  18  2 

"  "  "      to  regulate  commerce  1  8  3 

"  "  "      to  establish  uniform  laws  of  na- 

turalization and  bankruptcy       18  4 

"  "  "      to  coin  money,  regulate  the  value 

of  coin  and  fix  the  standard  of 
weights  and  measures  18  5 

"  "      to  provide  for  the  punishing  of 

counterfeiting,  &c.  18  6 

"  "      to  establish  Post   Offices  and 

PostKoads     -  1  8  7 

"  "  "      to  secure  exclusive  right  to  au- 

thors and  inventors  18  8 

"  "      to  constitute  tribunals  inferior  to 

to  Supreme  Court     -  18  9 


THE   UNITED    STATES    OF    AMERICA:  227 

Art.  Sec.    Clause. 

Congress  shall  have  power  to    define  and  punish  piracies, 

felonies  on  the  high  seas,  and 
offences  against  the  law  of  na- 
tions       -  -  1  8         10 
"      to  declare  war,  grant  letters  of 
marque  and  reprisal,  and  make 
rules  concerning  captures           1           8         11 
"      to  raise  and  support  armies:  but 
no  appropriation  for  this  pur- 
pose, to  be  for  a  longer  time 
than  two  years         -                 1           8         12 
"      to  provide  and  maintain  a  navy     1           8         13 
"      to  make  rules  for  the  land  and 

naval  forces     -  -         1  8         14 

"       to  provide  for  calling  forth  the 

militia,  in  certain  cases  1  8         15 

"  to  provide  for,  organizing,  arm- 
ing and  disciplining  the  militia 
and  governing  them  in  service ; 
reserving  to  the  State  the  ap- 
pointment of  officers,  and  the 
authority  of  training  accord- 
ing to  discipline  prescribed  by 
Congress         -  1  8         16 

"  to  exercise  exclusive  Legislation 
over  District  of  ten  miles,  and 
places  purchased  for  forts,  &c.  1  8         17 

"  to  make  all  laws  necessary  and 
proper  for  carrying  granted 
powers  into  execution       -         1  8         18 

without  the  consent  of,  no  officer  shall  accept 
present,  &c.  from  foreign 
power      -  -  19  8 

"  no  State  shall  lay  imposts,  &c.  1         10  2 

"      shall  lay  duty  or  ton- 
nage        -  1         10        3 


228 


INDEX   TO    THE    CONSTITUTION    OF 


Congress  without  the  consent  of,  no  State  shall  keep  troops  or 

ships  of  war  in  time 
of  peace,  enter  into 
agreement  with  ano- 
ther State  or  foreign 
power,  or  engage  in 
war,  unless  invaded, 
&c.  -  1         10 

"  shall  be  formed  by 
the  junction  of  States 
or  parts  of  States     4  3 

"  shall  not  prohibit,  before  1808,  the  migration  or 
importation  of  slaves,  but  a  tax  or  duty  not 
exceeding  $10  each  may  be  laid         -  19 

"  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise 
thereof;  or  abridging  the  freedom  of 
speech  or  of  the  press,  or  the  right  of  the 
people  peaceably  to  assemble  and  petition 
for  redress  of  grievances.  Amend.  1. 
"         shall  pass  no  bill  of  attainder  or  exposfc  facto  law  1  9 

"         shall  lay  no  direct  tax,  unless  in  proportion  to  the 

census  -  -  -         1  9 

"         shall  lay  no  tax  or  duty  on  articles  exported  from 

any  State  -  -  -         1  9 

"        shall  give  no  preference  to  the  ports  of  one  State 

over  those  of  another  -  -         1  9 

Besides  the  foregoing  prohibitions  and  the  limitations 
and  exceptions  contained  in  the  foregoing  grants, 
Congress  is  subject  to  these  furtlier  express  pro- 
hibitions, which  are  applicable  to  all  the  authori- 
ties of  the  general  government,  viz  : 
"         shall  not  suspend  the  privilege  of  the  Writ  of 
Habeas    Corpus,  unless  in  cases  of  rebellion 
or  invasion,  when,  &c.  -  -         1  9 

"        shall  not  require  vessels  bound  to  or  from  one 

State,  to  enter,  clear  or  pay  duties  in  another  1  9 


Sec.    Clanse 


THE   UNITED    STATES    OF    AMERICA.  229 

Art.  See.    Clause. 

Congress  shall  draw  no   money   from   the   Treasury,   but 

through  appropriation  made  by  law  1  9  7 

"         shall  grant  no  title  of  nobility  -  19  8 

Congress  shall  not  infringe  the  right  of  the  people  to  keep 
■  and  bear  arms.     Amend.  2. 
"         shall  not  in  time  of  peace,  quarter  a  soldier  in  any 
house  without  consent  of  the   owner,  nor  in 
time  of  war,  but  in  a  manner  to  be  prescribed 
by  law.     Amend.  3. 
"         shall  not  violate  any  of  the  other  rights  declar- 
ed.    Amend.  4-9. 
"         shall  not  extend  the  Judicial  power  of  the  United 
States,  to  suits  against  a  State  by  citizens  of 
another   State,  or  citizens  or  subjects  of  any 
foreign  State.     Amend.  11. 
"         shall  exercise  no  power  not  delegated.  Amend.  10. 
See  Houses  of  Congress.     Law. 
Consent  of  both  houses,  to   adjournment  more  than  three 
days  - 

"       of  Legislature,  to  purchase  of  place  for  fort,  &c. 
"       of  Congress,  to  States  laying  imposts,  &c. 
"       of  Congress,   to   States   laying  duty   on    tonnage, 
keeping   troops  or  ships  of  war,    entering  into 
compact,  or  engaging  in  war 
"       of  Senate,  to  treaties  and  appointments  of  officers 
"       of  Congress  and  Legislatures,  to  junction  of  States 

or  parts  of  States 
"       of  State,   necessary   to   its  being    deprived   of  its 

equal  suffrage  in  the  Senate 
"       of  States  present,  unanimous,  to  Constitution  form- 

ed.     Conclusion. 
"       of  owner  of  house,  to    soldier  quartered    therein. 
Amendment  3. 
Constitution  of  U.  S.,  ordained  and  established  by  people 
"  of  United  States.     Preamble. 

formed  by  States  in  general  Convention.     Con- 
clusion. 


1 

5 

4 

1 

9 

17 

1 

10 

2 

1 

10 

2 

2 

2 

2 

230  INDEX   TO   THE   CONSTITUTION    OF 

Art.  Sec.    Clause. 

Katification  of  the  Convention  of  nine  States 
sufficient  for  its  establishment  between 
those  States        -  -  7 

Constitution  amendments  to,  how  proposed  and  ratified  5 

at  its   adoption,   person  not  native,  must  have 

been  a  citizen,  to  be  eligible  as  President        2  15 

"  oath  to  defend,  taken  by  the  President  2  1  8 

"  oath  to   support,  taken  by  all  officers  of  the 

United  States,  and  of  the  several  States  6  3 

"  cases  under  Judicial  power,  extends  to  3  2  1 

"  nothing  in  it,  to  prejudice  claims  of  U.  S.  or 

of  State        -  -  -  4  3  2 

"  debts  and  engagements  to  be  valid  under  it  6  1 

"  it  and  laws  under  it  to  be  supreme  law  6  2 

"  rights     enumerated     in,     not     to     disparage 

others.     Amend.  9. 
"  powers  not  delegated  by,  reserved.     Amen.  10. 

Constitution  of  any   State,  not   to  withstand  the  supreme 

law     -  -  -  6  2 

Consuls.     See  Ambassadors. 
Contracts,  law  impairing  the  obligation  of,  no  State  shall 

pass  -  -  -  1         10  1 

"  under  confederation,  valid  against  U.  S.  under 

Constitution  6  1 

Controversies.     Amend.  7.  -  -         3  2 

Convention,  States  in,  form  the  Constitution.     Conclusion. 

"         to  propose  amendments  -  5 

Conventions  of  nine  States,  may  establish  the  Constitution      7 
"  in  three-fourths  of  the  States  to  ratify  amend- 

ments 5 

Corruption  of  blood     -  -  -  -         3  3  2 

Counsel,  assistance  of,  for  defence.     Amend.  6. 

Counterfeiting  -  -  -  -         1  8  6 

Court,  Supreme,  recognized  -  -  3, 1       1, 8  9 

"  "        jurisdiction  of     Amend.  11  3  2       1, 2 

"         Chief  Justice  -  -  13  6 

"      inferior  to  Supreme    Court,    Congress    may  estab- 
lish ••  -  1,3       8,1  9 


6 

2 

3 

3 

1 

2 

2 

2 

1 

8 

2 

1 

10 

1 

4 

1 

2 

4 

2 

2 

1 

4 

2 

2 

1 

8 

6 

1 

8 

10 

THE    UNITED    STATES    OF    AMERICA.  231 

Art.  Sec.    Clause 

Co  art,  inferior,  their  jurisdiction.     Amend.  11.  3  2       1,2 

"       any,  of  U.  S.  in  State :  injunctions  upon  as  to  trial 

by  Jurors.     Amend.  7.  -333 

"  "       as  to  rights  of  accused.     Amend.  4,  5, 6. 

"  "       to  regard  the  Supreme  law 

"       confession  in  open  - 

"      of  law;    appointment   of  inferior  officers    may   be 
vested  in  - 

Credit  of  United  States        - 

"      bills  of  - 

"      to  acts,  records,  &c. 
Crimes,  high  and  misdemeanors,  impeachments,  for 

"       pardons  for 

"       person  charged  with,  and  fleeing  into  another  State 

"       of  counterfeiting        -  -  - 

"       against  the  law  of  nations 

"      trial  of,  except  in  cases  of  impeachment,  by  Jury, 
and  where     -  -  -  - 

"      capital  or  otherwise  infamous.     Amend.  4. 

"      District   wherein    it    shall    have    been  committed. 
Amendment  5. 

"       rights  of  those  accused  of.     Amendments  4,  5,  6,  7. 


D. 

Day  for  annual  meeting  of  Congress  -  1  4  2 

"    of  voting  for  President  and  Vice-President      -  2  14 

"     Vice-President  shall  become  President,  if  no  choice  be 

sooner  made,  fourth  of  March.     Amend.  12,  c.  2. 
"    within  ten  days  (Sundays  excepted,)  if  bill  be  not  re- 
turned by  President,  it  becomes  law,  unless,  &c.  17  2 
Danger,  public*     Amendment  5. 

"       imminent  - 

Death  of  President.     Amend.  12.  c.  1. 
"      of  President  and  Vice-President 
Debate,  freedom  of.     Amend.  1. 
Debts  of  United  States,  to  pay 


1 

10 

3 

2 

1 

6 

2 

1 

6 

1 

6 

1 

1 

8 

1 

ft    V 

232  INDEX   TO   TIIE   CONSTITUTION   OF 

Art.  eiec    Claucc. 

Debts  contracted  under  confederation,  valid  against  U.  S.  6                       1 

Delivery  of  fugitives  and  slaves             -                 -  4          2       2, 3 
Defence,  common,  to  provide  for  the.     Preamble. 

"  common,  of  the  U.  S.  to  provide  for  18  1 
Departments,  Executive  -  -  2  2  1 
heads  of  -  -  -  2  2  2 
Direct  taxes.  A.  1.  S.  2,  C.  2;  A.  1.  S.  9.  C.  4.  A.  5. 
Disability,  constitutional  of  President  and  Vice-Presi- 
dent. Amend.  12,  c.  2.  -  2  2  6 
Discipline  of  militia  -  -  -  1  8  16 
Discoveries  of  inventors  -  -  -  1  8  8 
District  of  ten  miles              -               »-                 -  1           8         17 

"       for  trial  of  crimes.     Amend.  6. 

Dock-Yards        -                -                -                -  1          8        17 

Domestic  violence         -                 -                -                 -  4          4 

Duties,  Congress  shall  have  power  to  lay  and  collect  18           1 

"       shall  be  uniform                -                 -                 -  1           8           1 

"       on  slaves,  not  exceeding  $10  each               -  19           1 

"       none  on  exports  from  States               -                 -  1           9           5 
"       none  to  be  paid  by  vessels  bound  to  or  from  one  State 

to  another                  -                 -                 -  1           9           6 
"       States  shall  lay  none,  without  consent  of  Congress, 

except,  &c.        -                 -                 -  1         10          2 
"       States  shall  lay  none  on  tonnage,  without  consent  of 

Congress                     -                 -  1         10           3 


Effects.     Amendment  4. 

Election,  writs  of                   - 

1 

2 

4 

"        of  Representatives         - 

1 

2 

1 

"        of  Senators            - 

1 

2 

1 

"        times,  places,  and  manner  of,  for  Senators  and  Re- 

presentatives     - 

1 

4 

1 

"        of  Speaker  and  Officers  of  House 

1 

2 

5 

"        of  Officers  of  Senate 

1 

3 

5 

"        of  electors  for  President  and  Vice-President 


THE   UNITED    STATES   OF    AMERICA.  SH 

Art.  Sec.    Clause 

Election  of  President  and  Vice-President.     Amend.   12  1         2,    3,  2 

"         of  its  members,  to  be  judged  of  by  each  house  15  1 

See  Appointments. 
Electors  of  representatives,  qualifications  of  12  1 

Electors  for  President  and  Vice-President,  appointed  as  tho 
legislature  of  the  State  may  di. 
rect  -  2  1  2 

"         "  "      no   Senator   or  Representative,   or 

officer  of  United  States  can  be       2  1  2 

"         "  "       time  of  choosing  and  day  of  voting, 

Congress  may  determine 
"         "  "       proceedings  of.     Amend.  12. 

Eligible,  who,  as  President 

"        who,  as  Vice-President.     Amendment  12,  c.  3. 
"         who,  as  Representative 
"         who,  as  Senator  - 

"        who,  as  elector  of  President  and  Vice-President 
"         to  certain  offices,  Senator  or  Representative,  not 
Emolument,  from  foreign  power 

"  other,  than  compensation.  President   shall  not 

have  • 

"  of  office  increased  during  term     - 

Enemies,  aid  and  comfort  to  - 

Engagements  entered  into,  valid 
Enter,  vessels  to  -  -  - 

Enumeration,  or  census.  A.  1,  S.  2,  C.  3,  A.  1,  S.  9,  C.  4,  A.  5. 

■  of  rights,  not  to  disparage  others.     Amend.  9. 

Equity,  cases  in  law  and  -  -  -         1  2  1 

"       suit  in,  against  State,  by  citizen  or  subject.     Am.  11. 
Establish.     Preamble.     A.  1,  S.  8,  C.  4,  7 ;  A.  2,  S.  2.  C.  2 ; 

A.  3,  S.  1;  A.  7;  Amend.  1. 
Exercises  -  -  •■  -         1  8  1 

Exclusive  right  to  authors  and  inventors  -  18  8 

"        legislation  over  District  -  1  8         17 

Executive  authority  of  State  shall  issue  writs  of  election,  to 

fill  vacancy  in  Representatives     12  4 

»  "  «      may  make  temporary  appoint- 

ment of  Senator  -         1  3  1 

30 


2 

1 

4 

2 

1 

3 

2 

2 

5 

1 

2 

2 

1 

3 

3 

2 

1 

2 

1 

G 

2 

1 

9 

8 

2 

1 

7 

1 

6 

2 

3 

3 

1 

5 

1 

9 

6 

234  INDEX   TO   THE   CONSTITUTION   OF 


Sec.    Clause. 


Executive  authority  of  State  on  demand  of,  fugitive  from  jus- 
tice delivered  -422 
"             "             "       all  officers  of,  shall  take  oath  to 

support  the  Constitution  of  U.  S.  6  3 

"  "  "       may,  (when  the  legislature  cannot 

be  convened,)  make  application 
for  United  States  to  protect  the 
State  against  domestic  violence     4  4 

Executive  Departments         -  -  -  2  2       1, 2 

Executive  Powers  vested  in  President  -  2  1  1 

See  President  of  United  States. 
Expel  a  member  -  -  -  -         1  5  2 

Expenditures       -  -  -  -  19  7 

Exports,  no  tax  or  duty  on  those  from  a  State  1  9  5 

"        no  State  shall  lay  duty  on,  except,  &c.      -  1         10  2 

Ex  post  facto  law,  no  State  shall  pass  any     -  1         10  3 

"  "         General  Government  shall  pass  none  19  3 


Fact,  jurisdiction  of  Supreme  Court  as  to  -  3  2  2 

"    trial  by  a  jury,  re-examined,  how.     Amendment  7. 
Faith  and  credit  -  -  -  4  1 

Felony  excepted  from  privilege     -  -  1  6  1 

"       on  high  seas  -  -  -  1  8         10 

"       fugitive  charged  with         -  -  4  2  2 

Fines.     Amendment  8. 

Forces,  land  and  naval,  rules  for  the  government  of  1  8         14 

"         "  "        excepted  from  right  to  Grand  Jury. 

Amendment  6. 
See  Armies :  Navy. 
Foreign  nations,  commerce  with  -  -  18  3 

"       State,  no  present,  &c.  from  -  1  9  8 

"       power,  compact  of  State  with  -  110  3 

"       States,  citizens  or  subjects,  controversies  with. 

Amendment  11.  -  -  3  2  2 

See  Ambassadors. 


THE    UNITED    STATES    OF    AMERICA. 


235 


Forfeiture 
Forts,  places  for 
Free  persons 

"    State.     Amend.  2. 


Art. 

Sec. 

Clause. 

3 

7 

2 

1 

8 

17 

1 

2 

3 

G. 


Gold  a  tender  1 

Government,  republican  form  of,  guaranteed  to  every  State  4 
"  seat  of,  of  United  States.     Amend.  12.  c.  1     1,  2 

"  to  petition  the,  for  redress  of  grievances.  Am.  1. 

Governor.     See  Executive  authority  of  State. 

Grants  of  different  States  -  -  -         3 

Grievances,  redress  of.     Amend.  1. 

Guaranty  to  each  State  -  -  4 


10  1 

4 
\  2     18,  3 


H. 


Habeas  corpus,  writ  of  -  -  1 

House,  soldier  quartered  in.     Amend.  3. 
Houses,  right  to  be  secured  in.     Amend.  4. 
Houses  of  Congress,  two  -  ••  1 

"  "  each  shall  judge  of  the  elections,  returns, 

and  qualifications  of  its  members  1 

"  "  of  each,  a  majority  shall  be  a  quorum  for 

business,  but  a  smaller  number  may 
adjourn,  and  compel  the  attendance  of 
absent  members,  in  such  manner  and 
under  such  penalties  as  each  may  pro- 
vide -  -  1 
"  "  each  may  determine  the  rules  of  its  pro- 
ceedings, punish  its  members  for  dis- 
orderly conduct,  and  with  the  concur- 
rence of  two-thirds,  expel  a  member  1 
each  shall  keep  a  journal  of  its  proceed- 
ings, and  publish  it,  except  such  parts 
as,  in  its  judgment,  require  secrecy        1 


5  1 


5  2 


5  3 


236  INDEX   TO   THE    CONSTITUTION    OE 

Art.  See.   Clause. 

Houses  of  Congress,  the  yeas  and  nays,  at  the  desire  of  one- 
fifth,  to  he  entered  on  the  journal  15  3 

«  "  neither,  shall,  without  the  consent  of  the 

other,  adjourn  for  more  than  three 
days,  nor  to  any  other  place  15  4 

"  "  of  both,  members  shall  receive  compen- 

sation -  1  6  1 

"  "  "     their  privilege  from  arrest  16  1 

•   "  "  "     shall  not  be  questioned  in  any 

other  place,  for  speech  or  de- 
bate in  House  -  16  1 

"  "  of  neither,  a  member  shall  be  appointed  to 

any  civil  office  of  United  States,  crea- 
ted, or  increased  in  emolument,  during 
the  time  for  which  he  was  elected  16  2 

"  "  of  neither,  any  person  shall  be  a  member 

who  hold  any  office  under  the  U.  S.        1  6  2 

"  "  bills  for  revenue  shall  originate  in  the 

House  of  Representatives,  but  in  these, 
as  in  other  bills,  Senate  may  propose, 
or  concur  with  amendments  17  1 

"  "  bill  passed  by  both,  shall  be  presented  to 

President,  if  disapproved,  shall  be  re- 
turned to  the  house  in  which  it  origi- 
nated, with  his  objections  at  large, 
shall  be  entered  on  the  journal  of  that 
house,  which  shall  reconsider,  and, 
if  passed  by  two-thirds,  send  bill, 
with  objections,  to  the  other  house, 
which  shall  also  reconsider,  and  may, 
by  two-thirds,  approve,  and  it  shall  be 
law.  In  such  cases,  votes  of  both 
houses  to  be  by  yeas  and  nays,  the 
names  to  be  entered  upon  the  journal 
of  each  respectively  -  17  2 

"  "  whenever  both  must  concur,  (adjourn- 

ment excepted,)  matter  must  be  pre- 
sented to  president  for  approval,  and  if 


THE    UNITED    STATES    OF    AMERICA.  237 

Art.  Sec.    Clause 

dis  approved,  be  repassed  by  two-thirds 
of  each  house  -  -         1  7  3 

Houses  of  Congress,  both,  must  be  present  at  the  opening  of 
the  certificates  and  counting  the  votes 
for  President  and  Vice-President. 
Amendment  12,  c.  1.  2  1  3 

"  "  both,  or  either,  may  be  convened  by  Pre- 

sident        -  -  2  3 

"  "  both,  may  be  adjourned  by  President,  in 

case  of  their  disagreement  as  to  the 
time  of  adjournment  -  2  3 

"  "  two-thirds  of  both,  necessary  to  Congress 

proposing  amendments  -  5 

See  Congress,  House  of  Representatives,  Senate. 
House  of  Representatives  shall  choose  their  Speaker  and  other 

officers  -  -  12  5 

"  "  shall  have   the  sole   power  of  im- 

peachment -  12  5 

"  "  shall  choose  the  President,  voting  by 

States,  if  no  one  have  a  majority 
of  the  votes  of  the  electors. 

Amend.  12,  c.  1.  -  2  13 

See  Representatives,  Congress,  Houses  of  Congress. 

I. 

Immunities  -  -  -  -  4  2  1 

Impeachment,  House  of  Representatives  sole  power  of  12  5 

"  Senate,  sole  power  of  trying  -  13  6 

"  Chief  Justice  shall  preside,   when  President 

may  be  tried  -  -  13  6 

"  Senators,  on  oath,  and  two-thirds  must  concur 

for  conviction 
"  judgment  in  cases  of        - 

"  removal  of  President  and  Vice-President 

"  cases  of,  excepted  from  power  of  pardon 

"  President,  Vice-President,  and  all  civil  officers 

liable  to,  and  for  what 


1 

3 

6 

1 

3 

7 

1 

1 

6 

2 

2 

1 

238 


INDEX    TO    THE    CONSTITUTION    OF 


Impeachment,  trial  of,  excepted  from  right  to  Jury 

Importation  of  slaves  or  such  persons.     A.  5. 

Imports  - 

Imposts  - 

Inability  of  President  and  Vice-President 

Independence  of  the  United  States.     Conclusion. 

Indians  not  taxed,  excluded  from  number  of  free  persons 
"      tribes,  commerce  with 

Indictment  of  Grand  Jury.     Amendment  5. 

Inhabitant  of  State  - 

Inspection  laws  of  State        - 

Insurrection,  to  suppress  - 

Invasion,  to  repel  - 

"         cases  of,  habeas  corpus  suspended 

"        protect  against,  United  States  shall,  each  State 

Inventors,  exclusive  right  to  - 


Art. 

Sec. 

Clause. 

3 

2 

3 

1 

9 

1 

1 

10 

2 

1 

8,10 

1,2 

2 

2 

6 

1 

2 

3 

1 

8 

3 

1 

2,3 

2,3 

1 

10 

2 

1 

8 

15 

1 

8 

15 

1 

9 

2 

4 

4 

1 

8 

8 

Jeopardy.     Amend.  5. 

Journal,  each  house  to  keep,  publish,  enter  yeas  and  nays,  &c.  1 
Journal,  objections  of  President  to  be  entered  on  1 

Judges,  how  appointed  -  -  -  2 

"  shall  hold  during  good  behaviour,  and  receive  com. 
pensation,  not  to  be  diminislwd  during  their 
continuance  in  office  -  3 

"      Chief  Justice  1 

"      of  State,  bound  by  supreme  law         -  6 

"      of  United  States  and  State,  shall  take  oath  to  support 

Constitution  United  States         -  6 

See  Courts. 
Judicial  power  vested  in  Supreme  and  Inferior  Courts 
"       to  what  cases  it  shall  extend 

"       not  to  extend  to  a  suit  against  a  State,  by  citizen  or 
subject.     Amend.  11.     See  Courts. 
Judicial  proceedings  ... 

Jurisdiction  of  United  States  Courts.     Amend.  11 


3 

1 

3 

2 

4 

1 

3 

2 

THE    UNITED    STATES    OF    AMERICA.  239 

Art.  Sec.    Clause. 

Jurisdiction,  original  and  appellate  of  Supreme  Court  3  2  2 

"         of  any  other  State   within  the,  no  new  State  to 

be  formed  -  -  4  3 

"         of  the  crime,  fugitive  to  be  removed  to  the  State 

having       -  -  -  4  2  2 

"         cases  of  admiralty  and  maritime  3  2  1 

Jury  trial  of  all  crimes,  except  in  cases  of  impeachment,  and 

where  -  -     -  -         3  2  3 

"    grand.     Amend.  5. 

"    impartial,  of  the  State  and  District.     Amend.  6. 
"    right  of  trial  by,  in  suits  at  common  law,  where  the  value 
in  controversy  shall  exceed  $20.     Amend.  7. 
Justice,  to  establish.     Preamble. 

«      Chief  -  -  -  -         1  3  6 


Labor,  or  service  -  -  -  4, 1       2,  _       3,  3 

Law,  Supreme  of  the  land  _  -  ~         6  2 

"     what  will  make  a  bill  become  a      -  -  •      1  7  2 

"     ex  post  facto  or  impairing  the  obligation  of  contracts  1, 1     9,  10       3, 1 
"     of  nations  -  -  -  18         10 

"     courts  of-  -  -  -222 

"     and  equity,  cases  in  -  -  3  2  1 

"     and  fact,  appellate  jurisdiction  as  to      -  -         3  2  2 

"     or  regulation,  as  to  slaves  escaping  -  4  2  3 

"     of  United  States,  and  of  any  State         -  -         6  2 

"     respecting   establishment  of  religion,   abridging   free- 
dom of  speech,  or  press,  or  right  to  assemble  and  pe- 
tition.    Amend.  1. 
"     due  process  of.     Amend.  5. 

common.     Amend.  7. 
"     or  equity,  suit  in.     Amend.  11. 

"     manner  of  census  to  be  directed  by  -  12  8 

"     regulations  as  to  elections,  may  be  made  or  altered  by  1  4  1 

"     different  day  for  annual  meeting  of  Congress  may  be 

appointed  by  -  -  14  2 


•m 


MXDEX    TQ    THE    CONSTITUTION    OF 


Law,  appropriation  made  by  -  -  -         1 

"     providing  for   vacancy  of  both  offices,  President   and 

Vice-President  -  -  -  2 

"     punishment  according  to  -  -         1 

"     appointments  to  be  established  by  -  2 

"     appointment  of  inferior  officers  may  be  vested  "by,  in 

Courts,  &c.  -  -  -  2 

"     manner  of  quartering   soldiers  in  time   of  war,   pre- 
scribed by.     Amend.  8. 
-"      District  for  trial  of  crimes  previously  ascertained  by. 

Amend.  6. 
Laws,  Inspection,  of  State 

"     of  State,  laying  duties,  &c. 
"     on  the  subject  of  bankruptcy 
"     of  the  Union,  militia  called'to  execute 
"     necessary  and  proper  -  - 

"     faithfully  executed 
Legislation,  exclusive  in  all  cases  over  District 
Legislative  power  vested  in  Congress 

See  Congress,  House  of  Representatives. 
.Legislature  of  any  State,   the  qualifications  of  voters  for  its 

most  numerous  branch,  shall 
be  those  for  electors  of  Repre- 
sentatives in  Congress 
"  "  two   Senators  for   State,   to  be 

chosen  by 
"  "  shall  fill  vacancies  in  Senate  at 

its  next  meeting,   when  the 
temporary  appointments  ex- 
pire 
"  "  times,     places,    and    manner    of 

holding  elections  for  Senator 
and  Representative,  shall  be 
prescribed  by,  subject  to  alter- 
ations by  Congress,  except  as 
to  place  of  choosing  Senator 
"  "  consent  of,  to  purchase  of  places 

for  forts,  &c. 


8ec. 

Clause. 

9 

7 

1 

6 

3 

7 

2 

2 

1 

10 

2 

1 

10 

2 

;1 

8 

4 

1 

.8 

15 

1 

8 

18 

2 

3 

it 

8 

17 

■1 

a 

.10 


.17 


THE   UNITED   STATES   OF   AMERICA.  241 

Ark  Sec.   Clause. 

Legislature  of  any  State  may  direct  the  manner  in  which 

the  electors  of  President  and 
Vice-President  shall  be  ap- 
pointed -  2  12 
"                "            consent  of,  to  junction  of  State 
or  part  thereof,  to  another,  or 
a  part  thereof                           4  3  1 
"            members  of,  shall  be  bound  by 
oath  to  support  Constitution 
United  States                           6                      3 
on  its  application,  or  that  of  exe- 
cutive, (when  it  cannot  be  con- 
vened,)  United  States  shall 
protect  State  against  domes- 
tic violence                              4          4 
*            on  the  application  of  the  Legis- 
tures   of  two    thirds  of  the 
States,  Congress  shall  call  a 
<£              Convention,  for  proposing  a- 

mendments  to  Constitution       5 
"  "  amendments  shall  be  valid,  when 

ratified  by    Legislatures    of 
three  fourths  of  the  States,  or 
convention,  in  three  fourths      5 
"  "  imposts  and  duties  laid  by  a  State, 

with  the  consent  of  Congress 
to  go  to  U.  States  Treasury :   1         10  2 

inspection  laws  of  State,  to  be 
subject  to  the  revision  and 
control  of  Congress.  1         10  3 

See  State. 
Letters  of  Marque  and  reprisal  -  -  1810111 

Liberty  of  conscience,  speech,  press.     Amend.  1. 

"     Life  on  property  be  deprived  of.     Amend.  5. 
Life  or  limb,  in  jeopardy.     Amend.  5. 
31 


242 


INDEX    TO    THB   CONSTITUTION    OF 


M. 


Art. 


Magazines,  arsenals,  dockyards,  &c.  places  for  -         1 

Majority  of  each  house,  a  quorum  for  business,  but  a  smaller 
number  may  adjourn,  &c.  -  1 

•*  of  votes  of  electors,  and  of  States  and  of  Senate, 
in  election  of  President  and  Vice-President. 
Amend.  12.  C.  1,2.  -  -  2 

See  Number. 
Maritime  jurisdiction.     See  Felony.  -  3 

Measures  and  weights,  standard  of       -  -  1 

Migration  of  Slaves  or  persons.     A.  5.  -  1 

Militia,  Congress  shall  have  power  to  provide  for  calling 
fourth,  &.c  1 

'*  Congress  shall  have  power  to  provide  for  organiz- 
ing, arming  and  disciplining,  and  governing  in 
service  of  United  States,  reserving  to  State  ap- 
pointments of  officers  and  training,  according  to 
discipline  prescribed  by  Congress  -         1 

"       President  commander  in  chief,  when  iu  actual  service 

of  United  States  .  -  2 

"  "        well  regulated,  necessary  to  the  security 

of  a  free  State.     Amend.  2. 
"  in  actual  service,  excepted  from  right  to 

Grand  Jury.     Amend.  5. 
Ministers.     See  Ambassadors. 
Misdemeanors.     See  Crimes. 

Money  to  be  drawn  only  through  appropriations  by  law 
"      to  borrow  on  the  credit  of  the  United  States 
"       to  coin  .... 

"       appropriation  of,  for  support  of  Armies 


8         17 
5  1 

1  3 


10 


1 

5 
1 

15 


8        16 
2  1 


2 

4 

1 

9 

7 

1 

8 

2 

1 

8 

5 

1 

8 

12 

N. 


Names.     See  Yeas  and  Nays 
Naturalization,  an  uniform  rule  of 
Navy,  to  provide  and  maintain 


2 

4 

13 


THE    UNITED    STATES    OF    AMERICA. 


243 


Navy,  rules,  for  government  of         - 

"     States  shall  not  keep  ships  of  war  without  consent  of 

Congress      -  - 

"     President,  commander  in  chief  of      - 
"     excepted  from  right  to  Grand  Jury.     Amend.  5. 
New  States,  may  be  admitted,  &c. 
Nobility,  title  of,  shall  not  be  granted  by  United  Statee 

State 
Nominations  to  office  - 

Number  of  Representatives 

"      of  electors  for  President  and  Vice-President 

"      of  persons  from  whom  House   of  Representatives 

must  choose  President.     Amend,  12,  c.  1.  2 

"       of  persons  from  whom  Senato  must  choose   Vice- 
President.     Amend.  12,  c.  1.  2 
"       of  States  necessary  to  establish  Constitution  7 
"      three-fifths  of  all  other  persons  added  to  free  persons 

in  the  Federal  enumeration  -  1 

"       one-fifth  of  members  present  in  either  House,  may 

demand  yeas  and  nays  to  be  entered  -         1 

"      two-thirds  of  either  House  may  expel  a  member         1 
of  Senators  present,  necessary  to  convict 

on  impeachment  -  1 

of  Senators,  a  quorum  to  elect  a  Vice- 
President.     Amend.  12,  c.  2. 
of  Senators  present,  must  concur  in  treaty  2 
of  both  houses,  to  approve  bill,  order,  &c. 

returned  by  President  -  1 

of  both  houses,  may  propose  amendments 

to  the  Constitution  -  5 

of  the  States  to  be  represented  in  House, 

when  it  elects  a  President.  Am.  12,  c.  1,  2 
of  the  States,  the  legislators  of,  may  apply 
for  convention  to  propose  amendments  5 
"      three-fourths  of  the  several  States,  by  Legislatures, 
or  conventions,  may  ratify  amendments  of  the 
Constitution      ...  5 

See  Majority. 
Numbers,  federal,  how  ascertained  -  J 


Art. 

Sec. 

Clnuse 

1 

8 

14 

1 

10 

3 

2 

2 

1 

4 

3 

1 

1 

9 

8 

1 

10 

1 

2 

2 

2 

1 

2 

3 

2 

1 

3 

2,3 


244 


INDEX    TO   THE   CONSTITUTION   O* 


0. 


Oath  or  affirmation,  Senators  to  be  on,  when  sitting  for  trial 

of  impeachment       -  1  3 

"  "  of  office  of  President  -  2  1 

"  "  of  all  officers  of  United  States  and  the 

several  States,  to  support  Consti- 
tution   -  -  6 
"                 "          warrants  to  be  supported  by.     Am.  4. 
Objections  of  President  to  bill  passed     -                 -  17 
Offences  against  the  law  of  nations                 -     #  1  8 
"      pardons  for.     See  Crimes.       -                -                 2  2 
Office  of  honor,  profit  or  trust         -                 -                           1           3 
"     of  profit  or  trust        -                 -                 -                 1, 2       9, 1 
«    of  post                -                 -                 -                          1  8 
"     to  which  a  Senator  or  Representative  shall  not  be  ap- 
pointed    -                 -                 -                 -         1           6 
"     none,  under  United  States,  a  member  of  either  house 

shall  hold  -  -  1  6 

"     any,  under  United  States,  a  person  holding  shall  not 

be  an  elector  -  -  2  1 

"     of  Judge,  held  during  good  behavior  -  3  1 

"    no  religious  test,  as  a  qualification  to  any  -         6 

Officers  of  House  of  Representatives       -  -  12 

«      of  Senate         -  -  -  -         1  3 

"      principal  in  Executive  Department  -  2  2 

"      of  U.  S.,  how  appointed  -  ■*         2  2 

«  "       all  commissioned  by  President       -  3  2 

"  "       all  civil,  liable  to  impeachment  3  4 

"  "       none,  shall  accept  present,  title,    &c.  from 

foreign  power  -  1  9 

«  «       all  executive  and  judicial,  of  the  United 

States  and  of  the  several  States,  (as 
well  as  the  Senators,  Representatives 
in  Congress,  and  members  of  the  State 
Legislatures,)  shall  be  bound  by  oath 


2 

10 

1 

7 

3,2 

7 


3 

5 
4,5 

1 
2>3 


THE    UNITED    STATES    OF    AMERICA,  245 


to  support  this  Constitution 
See  President:  Vice  President. 
Order,  power  of  each  house  to  preserve  -  -         1  5 


9 


requiring  concurrence,  to  be  presented  to  President       17  3 


2 

2 

1 

4 

2 

3 

1 

3 

7 

3 

2 

2 

1 

7 

2 

1 

8 

8 

1 

6 

1 

1 

10 

3 

P. 


Papers,  right  to  be  secure  in.     Amend.  4. 
Pardons,  power  to  grant       - 

Party  to  whom  service  or  labor  may  be  due,  on  claim  of 
**     convicted  on  trial  of  impeachment 
"     cases  in  which  State  shall  be  a.     Amend.  11. 
Passed,  bill         - 
Pay.     See  Compensation. 

Patent  to  authors  and  inventors   •  -  - 

Peace,  breach  of          - 

"      time  of.     Amend.  3.  - 

See  Treaty. 
People  of  the  United  States.     Preamble. 

"      of  the  several  States  -  -  1  2  1 

"      right  of  the,  to  assemble  and  petition.     Amend.  1. 
"      right  of  the,  to  be  secure.     Amend.  4. 
"      rights  retained  by  the,     Amend.  9. 
"      powers  reserved  to  the.     Amend.  10. 
Persons,  free       -  -  -  -  12  2 

"      all  other.    A.  5.  -  -  -         1      2, 9      2, 4 

"       bound  to  service  for  a  term  of  years  -  12  2 

"       held  to  service  or  labor     -  -  4  2  3 

"       such  as  any  of  the  States  now  existing  shall  think 

proper  to  admit.     A.  5.  -  -         1  9  1 

"       fleeing  from  justice  into  another  State        -  4  2  2 

"       right  to  be  secured  in.     Amend.  4. 

"       of  members  privileged  from  arrest  -  16  1 

Petition,  right  to  assemble  and.     Amend.  1. 

Piracies     -  -  -  -  -18         10 

Place  of  holding  elections  and  of  choosing  Senators  14  1 

"     of  sitting,  one  house  cannot  change 


15  4 


246 


INDEX    TO    THE    CONSTITUTION    OF 


Place  for  seat  of  government  1 

"     for  fort,  magazine,  or  other  needful  building  -         1 

"     for  trial  of  crimes.     Amend.  6.     -  -  3 

*'     to  be  searched.     Amend.  4. 
Ports,  no  preference  between  1 

Post  Offices  and  post  roads  -  -  -         1 

Powers  of  Congress.     See  Congress.    -  -  1 

"      of  President.     See  President  U.  S.  1 

"      restraints  on  those  of  General  Government.     Amend- 
ments 1-11.     A.  5.  -  1 
See  Congress  :  President  U.  S :    Courts. 
"      restraints  on  those  of  State.     Amend.  10.  1 

See  States. 
"      of  amendment  and  restraints  on         -  -         5 

"      laws  to  carry  into  execution  1 

"      not  delegated,  are  reserved.     Amend.  10. 
Presentment  of  Grand  Jury.     Amend,  5. 
Presents    -  -  -  -  1 

President  of  the  Senate,  Vice-President  shall  be     -  1 

"  **  pro  tern.,  Senate  shall  choose  in  ab- 

sence of  Vice-President,  or  when 
he  is  acting  as  President  1 

"  **  -shall  open  certificates  of  votes  of 


electors.     Amend.  12,  c.  1. 
President  of  the  United  States,  executive  power  vested  in 
"  "  term  of  office,  four  years 

"  "  how  elected.     Am.  12,  c.  1. 

"  "  qualifications  for  office 

"  "  vacancy  in  office,   and  disa- 

bility provided  for 
Amend.  12,  c.  1. 
"  "  may  be  elected,  when  Presi- 

dent and  Vice-President 
both  under  disability 
"  "  compensation,  neither  to  be 

increased  or  diminished 
M  io  receive   no  other  emolu- 

ment 


8 

2 

9 
10 


17 

17 
3 

6 

7 


18 


1       2,3 
1  5 


1  6 

1  6 

1  7 

1  7 


THE  UNITED    STATES    OF    AMERICA.  247 

Art.  Sec.    Clause. 

President  of  the  United  States,  oath  of  office  2  1  8 

"  may  be  removed  on  impeach- 

ment, and  for  what  2  4 

"  when    tried,    Chief   Justice 

shall  preside  -         1  3  6 

shall  sign  bill  passed,  if  he 
approve,  if  not,  return  it 
with  objections         -         1  7  2 

if  he  do  not  return  bill  with- 
in ten  days,  (Sundays  ex- 
cepted,) it  shall  be  a  law, 
unless  Congress  prevent 
its  return,  by  adjournment  17  2 

his  approval  of  every  order, 
resolution,  vote,  &c,  re- 
quired as  in  case  of  bill      1  7  3 

shall  be  Commander-in-Chief  2  2  1 

may  require  written  opinions 
from  principal  Executive 
Officers  -  2  2  1 

may  grant  reprieves  and  par- 
dons       •  2  2  1 

power  to  make  treaties,  two- 
thirds  of  the  Senators 
concurring        -  2  2  2 

to  nominate  Ambassadors  and 
other  officers,  and  with 
the  consent  of  Senate,  ap- 
point -  -  2  2  2 
"  may  be  vested  with  sole  pow- 
er of  appointing  inferior 

officers  -  2  2  2 

to  fill  vacancies  during  recess, 

by  commissions,  to  expire 

at  end  of  next  session         2  2  3 

shall    give   information,  and 

recommend   measures  to 

Congress  -  2  3 


248  INDEX   TO   THE   CONSTITUTION   OF 

Art.  Sec.   Clauce. 

President  of  tlie  United  States  may  convene  both  houses,  or 

either  of  them  2  3 

"  "  in  case  of  their  disagreement 

as  to  the  time  of  adjourn- 
ment, may  adjourn  them    2  3 
"                     "                   shall  receive  Ambassadors  and 

other  public  Ministers        2  3 

"  "  shall  take   care  that  the  law 

be  faithfully  executed        2  3 

<l  "  shall  commission  all  the  of- 

ficers of  the  United  States  2  3 

Press,  freedom  of.     Amend.  1. 

Privileges  of  Senators  and  Representatives  -  16  1 

"         of  citizens  in  the  several  States  4  2  1 

Probable  Cause.     Amend.  4. 
Process  of  law,  due.     Amend.  5. 

"      compulsory,  for  witnesses.     Amend.  6. 
Prohibitions.     Amend.  10. 

See  Powers. 
Property  belonging  to  U.  S.,  Congress  may  make  rules  re- 
specting        -  -  -  4  3  2 
"      life,  liberty  or.     Amend.  5.     See  Effects, 
"      private,  shall  not  be  taken  for  public  use,  without 
just  compensation.     Amend  5. 
Prosecutions.     Amend.  6,  5.     See  Crimes. 

Publication  of  Journal  -  -  -         1  5  3 

"  of  statement  of  receipt  and  expenditures  of  all 

public  money 
Punishment  of  members  for  disorderly  behaviour 
"         of  counterfeiting 
"         cruel,  not  to  be  inflicted.     Amend  8. 

according  to  law,  party  convicted  on  impeach- 
ment liable  to      - 
Purchase  of  places  for  forts,  &c. 


1 

9 

7 

1 

5 

2 

1 

8 

6 

1 

3 

7 

1 

9 

17 

THE   UNITED    STATES    OF    AMERICA. 


249 


Q. 


Sec.    Clause 


Qualification  of  electors  of  Representatives 
"  of  Representatives 

"  of  Senators      - 

"  of  President  - 

"  of  Vice-President.     Amend.  12.  c.  3. 

"  of  electors  of  President  and  Vice-President 

"  no  religious  test  shall  he  required  as  a  qualifi- 

cation - 

"  of  its  members,  each  house  shall  judge  of 

Quorum  for  business,  a  majority  of  either  house :  smaller 
number  may  adjourn,  &c. 
"       for  choosing  President  in  House  of  Representatives. 

Amend.  12. 
"       in  choosing  Vice-President  in  Senate.  Am.  12.  c.  2. 


5  1 

1  3 


R. 


Ratification  of  constitution 

7 

11         of  amendments          - 

5 

Rebellion 

1 

9 

2 

Receipts,  and  expenditures  of  public  money 

1 

9 

7 

Recess  of  the  Senate             - 

2 

2 

3 

Re-consideration  of  bill,  &c,  returned  by  President 

1 

7 

2,3 

Records  and  judicial  proceedings 

4 

1 

Religion,  law  respecting  establishment,  and  free  exercise 

Amend.  1. 

"         test              - 

6 

Removal  of  President  and  Vice-President  from  office 

2 

1 

6 

"      of  civil  officers,  on  impeachment 

2 

4 

Re-passed 

1 

7 

3 

Representatives,  qualifications  of  electors  of 

1 

2 

1 

"              chosen  for  two  years,  how 

1 

2 

1 

"              times,  places  and  manner  of  election 

1 

4 

"              qualifications,    age,  citizenship    and    resi- 

dence        - 

1 

2 

2 

32 

250 


INDEX   TO   TIIE   CONSTITUTION    OF 


"  apportioned  according  to  federal  numbers       1 

"  number   shall   not    exceed  one    for  every 

30,000,  but  each  State  shall  have  at 
least  one  -  1 

"  vacancies,  how  filled  -  1 

"  shall  not  be  electors  of  President  and  Vice- 

President  2 

"  shall  hold  no   office   under  United  States  1 

"  bound    by  oath   to    support    Constitution 

United  States  6 

"  from  each  State,   have  one  vote  in  choice 

of  President,  by  House.     Amend.  12. 
c.  1.  -  2 

"  one  or  more,  from  two-thirds  of  the  States, 

shall  be  present  at  choice  of  President. 
Amend.  12,  c.  1.  -  2 

See  House  of  Representatives :  Houses  of  Congress. 
Reprieves  -  -  -  -         2 

Republican  form  of  Government  4 

Reservation  of  powers.     Amendment  10. 
Residence,  of  Representative 


Sec.    Clause . 

2  3 


1 

"         of  Senator  -  -  -         1 

of  President  2 

"         of  Vice-President.     Amend.  12,  c.  3. 
Resignation  of  Senator  1 

"         of  President  -  -  2 

of  Vice-President  -  -  2, 1 

Resolution  requiring  concurrence,  to  be  presented  for  ap- 
proval, &c.  1 
Returns  of  Members                    -  1 
Revenue,  bills  for  raising                                                           1 
"       no  regulation  of,  to  give  preference                   -         1 
See  Taxes:  Money. 
Right,  exclusive,  to  authors  and  inventors               -                 18 
Rights  declared.     Amend.  1-9. 

"      enumeration  of  certain,  shall  not  be  construed  to  deny 
or  disparage  others.     Amend.  9. 


3  2 

1  6 

1,  3  6,  5 

7  3 

5  1 

7  1 

9  6 


8 


THE    UNITED    STATES    OF    AMERICA. 


Roads,  post         - 

Rules  of  its  proceedings,  each  House  to  determine 

"     of  naturalization  - 

"     for  government  of  land  and  naval  forces 

"     respecting  the  territory  and  property  of  IL  S. 

**     of  the  common  law.     Amend.  7. 


Art. 
1 
1 
1 

1 

4 


8  7 

5  2 

8  4 

8  14 

3  2 


s. 

Science,  progress  of,  to  promote  -  -  18  8 

Searches  and  seizures.     Amend  4. 

Seas,  high,  felony  on  -  1  8         10 

Seat  of  Government,  District  of  ten  miles,  -  1  8         17 

"  "        votes  for  President  and  Vice-President 

to  be  transmitted  to.     Am.  12,  c.  1    2  13 

Secrecy  -  -  -  -  15  3 

Securities  of  the  United  States  -  1  8  6 

Senate,  Vice  President  shall  be  President  of  -  13  4 

"      equally  divided,  Vice-President  shall  vote  1  3  4 

"      shall  choose  other  officers  and  President  pro  tern, 

when,  &c.  -  -  -  13  5 

"      shall  have  sole   power  of  trying  impeachments,  and 

how  -  -  1  3  6 

"      two-thirds  shall  concur  for  conviction  in  case  of  im- 
peachment -  -  -  13  6 
"      shall  choose  Vice-President,  if   two  persons^  have 

equal  votes  -  -  2  1  3 

"      shall  choose,  if  no  person  have  a  majority  of  votes 

Amendment,  12,  c.  2. 
"      in  electing  Vice-President,  two-thirds  a  quorum,  and 

a  majority  necessary  to  choose.     Am.  12,  c.  2. 
"      advice  and  consent  to  treaties,  two-thirds  concurring  2  2  2 

"  "  "       to  nomination  of  officers  2  2  2 

"      during  recess  of,  President  to  fill  vacancies  2  2  3 

"      at  the  end  of  their  next  session,  commissions  granted 

by  President,  during  recess,  shall  expire  2  2  3 

"      of  equal  suffrage  in,  no  State,  by  any  amendment, 
shall  be  deprived,  without  its  consent  -         5 

See  Houses  of  Congress :  Congress. 


Vrt. 

Sec. 

Clause 

1 

3 

1 

1 

3 

2 

1 

3 

2 

1 

3 

3 

2 

1 

2 

1 

6 

2 

252  INDEX   TO   THE   CONSTITUTION    OP 

Senators,  two  from  each  State,  chosen  by  the  Legislature, 
each  to  have  one  vote  -  - 

"       divided  into  three  classes 
"      vacancies,  how  filled       - 
M       qualifications  of,  age,  citizenship,  and  residence 
"       shall  not  be  appointed  elector  of  President  and  Vice- 
President  -..'- 
"       shall  hold  no  office  under  the  United  States 
"      to  be  bound  by  oath  to  support  Constitution  Uni- 
ted States  6  3 
See  Senate  :  Houses  of  Congress. 
Service  of  United  States,  militia  in.     A.  1,  S.  8,  C.  16 ;  A. 
2,  S.  2,  C.  1.     Amend.  5.     See  Militia. 
"      for  a  term  of  years,  persons  bound  to                          1           2  3 
"      or  labor,  person  held  to                              -                 4          2           3 
Session,  at  the,  of  their  house,  member  privileged           -         1           6  1 
"       at  the  end  of  the  next,  of  Senate,  commissions  ex- 
pire, which  were  granted  in  recess         -                 2           2           3 
"       during   the,    of   Congress,  neither  house   can   ad- 
journ, &c.                    -                 -                 -         1           5           3 
Signature  of  President,  to  bill              -                 -                 1           7       2, 3 
Silver,  a  tender            -                 -                -   ,                      1         10  1 
Slaves.     A.  1,  S.  2,  C.  3 ;  A.  1,  S.  9,  C.   1,  4;  A.  4,  S.  2, 

C.  3 ;  A.  5.     See  Persons. 
Soldier,  quartered.     Amend.  3.     See  Army, 

Speaker  of  the  House  of  Representatives,  how  chosen  12  5 

Speech,  freedom  of.     Amend.  1.  -  -         1  6  1 

State,  Representative  must  be  inhabitant  of  -  12  2 

"     Senator  «■  "  -         1  3  3 

"    each,  shall  have  at  least  one  Representative  12  3 

"     each  shall  have  two  Senators,  chosen  by  its  Legislature  13  1 

"    vacancy  in  representation  of,  in  House,  how  filled  12  4 

in  Senate,         "  13  2 

"    its  number  of  electors,  equal  to  the  whole  number  of 

Senators  and  Representatives  -  2  12 

"  one  of  persons  voted  for  as  President,  Vice-President 
shall  not  be  an  inhabitant  of  same,  as  electors. 
Amend.  12,  C.  1.  -  -  -         2  1  3 


THE    UNITED    STATES    OE    AMERICA.  253 


State,  no  one,  President  during  his  period  of  office  shall  re- 
ceive emolument  from  -  -  2  17 
"     of  militia  of,  when  in  actual   service,  President  Com- 
mander-in-Chief              -                 -                           2           2  1 
"     appointment  of  officers  reserved  to  State        -                 1           8         16 
"     a  party  to  suits  in  U.  S.  Courts.     Amend  11.-3           2  1 
"     claim  of,  not  to  be  prejudiced  by  Constitution                   4           3           2 
"     republican  form  of  government  guaranteed  to                  4           4 
"     protection  of,  against  invasion  and  domestic  violence       4           4 
"     shall  not,  without  its  consent,  be  by  any  amendment  de- 
prived of  its  equal  suffrage  in  the  Senate                   5 
"    Judges  of,  bound  by  supreme  law,  notwithstanding  its 

constitution  or  laws  -  -  6  2 

"    members  of  Legislature,  and  all  executive  and  judicial 
officers,  to  be  bound  by  oath  to  support  the  Consti- 
tution of  the  United  States  6  3 
"     no  tax  or  duty  to  be  laid  on  articles  exported  from  any  19  5 
„     any,  now  existing,  may  admit  such  persons  as  it  shall 
think  proper,  until  1808,  without  the  prohibition  of 
Congress,  but  a  tax  or  duty  of  $10,  &c.     A.  5           1           9  1 
States,  votes  by,  in  choosing  President  by  House,  each  by  its 

representation  having  one  vote.     Am.  12,  C.  1.       2  1  3 

"  two-thirds,  a  quorum  in  electing  a  President  in  the 
House,  and  majority  of  all,  necessary  to  the  choice 
of  President  in  the  House.     Am.  12,  C.  1  2  1  3 

"       commerce  among  the  several  -  -         1  8  3 

"      no  preference  of  the  ports  of  one  over  those  of  another  19  6 

"       vessels  from  or  to  one,  not  obliged  to  enter,  clear  or 

pay  duties  in  another  -  -  19  6 

"      full  faith  and  credit  in  each,  to  the  acts,  records  and 

judicial  proceedings  of  any  other        -  4  1 

"       citizens  of  each,  entitled  to  privileges   of  citizens  in 

others  -  -  -  -         4  2  1 

"       fugitive  from  justice  from  one,  to  be  delivered  up  by 

another  -  -  -.-422 


254  INDEX   TO   THE    CONSTITUTION    OP 

States,  slave  escaping  from  one  into  another,  to  be  delivered 
up,  and  shall  not,  by  any  law  or  regulation,  be  dis- 
charged from  service  -  -  4  2 
"       new,  may  be  admitted   by  Congress  :  shall   not   be 
formed  within  the  jurisdiction  of  another,  nor  any 
by  junction   of  two,  or  parts,  without  consent  of 
Legislatures,  as  well  as  of  Congress                          4  3 
"       two-thirds  of  them,  by  Legislatures,  may  apply  for  a 
Convention   to  propose  amendments,   and    three- 
fourths  may  ratify  amendments  by  Legislatures  or 
Conventions,  as  may  be  proposed  by  Congress          5 
"       nine,  ratifying  by  Convention,  the  Constitution  shall 

be  established  between  them  -  7 

"       present,  in  Convention,  unanimously  consented  to  the 

Constitution.     Conclusion. 
"       controversies  between  two  or  more  citizens  of  differ- 
ent States,  &c,  to  which  the  judicial  power  shall 
extend.     Amend.  11.  -  -  3  2 

"       the  trial  of  crimes  shall  be  in  the  State  where  the 

crimes  were  committed  -  -         1  2 

"       a  Jury  of  the  State  and  District.     Amend.  6. 
"       powers  not  delegated  to  United  States,  nor  prohibited 
to  the  States,  are  reserved  to  the  States,  or  people. 
Amend.  10. 
State  prohibited  from  entering   into  any  treaty,  alliance  or 

confederation  -  -         1         10 

"  "  granting  letters   of  marque   and  re- 

prisal 
"  "  coining  money 

"  "  emitting  bills  of  credit 

"  "  making  any  thing  but  gold  and  silver 

a  tender  in  payment  of  debts  1         10  1 

"  "  passing  any  bill  of  attainder,  ex  post 

facto  law,  or  law  impairing  the  obli- 
gation of  contracts  -         1         10  1 
"                 granting  any  title  of  nobility                  1         10  1 


1 

10 

1 

1 

10 

1 

1 

10 

1 

THE   UNITED    STATES    OF    AMERICA.  255 

Art.  Sec.   Clause. 

State 'prohibited  from,  without  the  consent  of  Congress,  lay- 
ing any  imposts  or  duties,  on  im- 
ports or  exports,  not  absolutely  ne- 
cessary for  its  executing  its  inspec- 
tion law  :  the  produce  of  duties  and 
imposts  laid  by  it  shall  be  for  the 
use  of  U.  S.  Treasury,  and  its  in- 
spection laws  shall  be  subject  to  the 
revision  and  control  of  Congress         1         10  2 

"  "  laying  any  duty  on  tonnage  :  keeping 

troops  or  ships  of  war,  in  time  of 
peace :  entering  into  any  agreement 
or  compact,  with  another  State,  or 
with  a  foreign  power :  engaging  in 
war,  unless  actually  invaded,  or  in 
such  imminent  danger :  or  will  not 
admit  of  any  delay  -  1         10  3 

See  Legislature  of  any  State  :  Executive  authority  of  State. 

Suffrage,  equal  in  Senate  -  -  -         5 

Sundays  -  -  -  -  17  2 

Supreme  Court.     See  Courts. 

11        law  of  the  land  -  -  '  -         6  2 


T. 


Taxes,  direct,  apportioned  according  to  federal  numbers  12  3 
"       capitation  or  direct,  shall  be  laid  only  in  proportion  to 

census.    A.  5  -  -  -194 

"       Congress  shall  have  power  to  lay  and  collect,  &c.  18  1 

"       no  tax  or  duty  on  exports  from  State           -  19  5 
"       no  tax  or  duty  exceeding  $10,  each,  on  such  persons 

before  1808                  -                -                -  1          9  1 

See  Duties. 

Tender  in  payment  of  debts                   -                 -  1         10  1 

Term  of  Representative                -                 -  1           2  2 

«     of  Senator                  -                 -                 -  13  2 

"      of  President  and  Vice-President          -  2           1  1 


Art. 

Sec. 

Clause 

2 

2 

3 

1 

8 

12 

4 

3 

2 

5 

3 

1 

4 

1 

256  INDEX   TO   THE   CONSTITUTION   OP 

Term  of  Commissions  granted  in  recess 

"      of  appropriation  for  support  of  armies 
Territory  - 

Test,  no  religious         - 
Time  of  voting  for  Senators  and  Representatives 

**  of  adjournment,  in  case  of  disagreement  as  to,  Presi- 
dent may  adjourn  both  Houses  to  such  time  as  he 
shall  think  proper  -  -  13 

See  Day :  Residence. 
Title  of  nobility  -  -  -  -         1     9,  10       8,  1 

Tonnage,  duty  on  -  -  -  1103 

Tranquility,  to  ensure  domestic.     Preamble. 

Treason,  denned  -  -  -  -         3  3  1 

"        testimony  of  two  witnesses  or  confession  in  open 

court  necessary  for  conviction  of  -         3  3  1 

"        punishment  may  be  declared  by  Congress  but  at- 
tainder of,  shall  not  be  extended  beyond  life         3  3  2 
"        excepted  from  privilege                    -                 -         1           6           1 
"        ground  of  impeachment           -                 -                 2           4 
"        a  person  charged  in  any  State  with,  and  fleeing         4           2           2 
Treasury,  money  drawn  from,  only  through  appropriations 

bylaw  -  -  -  19  7 

"         of  United  States  compensation  of  member  paid 

out  of  -  -  1  6  1 

"  "  for  the  use  of,  shall  be  the  nett 

produce  of  imposts  and  du- 
ties laid  by  State         -         1         10  2 
Treaties  made  by  President,  with  the  advice  and  consent  of 

Senate,  two-thirds  concurring  -  2  2  2 

"       all  cases  arising  under,  judicial  power  extends  to         3  2  1 

"       no  State  shall  enter  into  -  1         10  1 

"       part  of  the  Supreme  law  of  the  land         -  6  2 

Trial,  of  impeachments  -•  -  1  3  6 

"      according  to  law,  party  convicted  liable  to  -         1  3  7 

"  of  all  crimes,  (except  in  cases  of  impeachment,)  shall 
be  by  jury,  and  in  State  where  committed,  or  if  not 
committed  in  any  State,  where  Congress  by  law  may 
have  directed  -  -  -  3  2  3 


THE   UNITED    STATES    OF    AMERICA. 


257 


Sec.    Clause 


Trial,  for  treason        -  -  -  3 

"       speedy  and  public,  by  an  impartial  jury  of  the  State 

and  District,  &c.     Amend.  6. 
"      by  jury,  in  suits   at  Common  law,  value  above   $20. 
Amend.  7. 
Troops.     See  Army.  1 

Trust,  public  -  -  -  -        6 

office  of.     A  1, 
S.  1,  C.  2. 


8=9,0.  8;  A.  1,  S.  3,  C.  7;  A.  2, 


10 


IT. 


Uniform  duties,  &c.  - 

"        rule  of  naturalization,  and  laws  of  bankruptcy 
"        regulations  of  ^mmerce  and  revenue 
Union,  more  perfect.     Preamble. 
"       States  within  this       - 
"      laws  of  the       - 
"      information  of  the  state  of  the 
"      into  this  - 


1 

4 
6 

3 
15 


Vacancy  of  Kepresentative,  how  filled 

"       Senator 

"       officers  of  United  States 

"       in  recess  of  Senate 

"       of  President 

"       of  President  and  Vice-President 
Value  of  coin  - 

"    in  controversy  above  $20.     Amend.  7. 
Vessels  bound  to  and  from  one  State  to  another 
Veto  of  President 
33 


1 

2 

4 

1 

3 

2 

2 

2 

2 

2 

2 

3 

2 

1 

6 

2 

1 

6 

1 

8 

5 

1 

9 

6 

1 

7 

2 

Art. 

Sec. 

Clause. 

2 

1 

3 

1 

3 

4 

2 

1 

6 

258  INDEX  TO  THE  CONSTITUTION  OF 

Vice-President,  how  elected.     Amend.  12,  c.  1,  2. 
"  qualifications  of.     Amend.  12,  c.  3. 

"  to  be  President  of  Senate,  but  vote  only  when 

it  is  equally  divided 
"  to  discharge   duties   of  President  in  certain 

cases  - 

"  in  case  of  his  removal  or  disability,  who  shall 

act  -  -  -     2,1       1,3       6,5 

"  liable  to  impeachment  -  2  4 

Violence,  domestic        -  -  -  4  4 

Vote,  Vice-President  shall  have,  only  when  Senate  is  equally 

divided  -  -  -  13  4 

"     each  Senator  to  have  one.     A.  5.  -         1  3  1 

"     for  President  and  Vice-President,   how  given,  sent, 

opened,  counted,  &c.     Amend.  12,  c.  1.  2  1  3 

"     by  States,  in  choosing  President  in  House.     Amend- 
ment 12,  c.  1.  -  •  -        2  1  3 
"     requiring  concurrence   of  Houses   to  be  presented  to 

President  -        .        -  -  17  3 

"     by  yeas  and  nays,  and  to  be  entered  on  journal,  in  re- 
considering matter  disapproved  by  President  17  2 
Voters.     See  Electors. 


W. 


War,  Congress  may  declare                   -  -                 18  11 

"     State  shall  not                    -                 -  1         10  3 

"    levying  war  against  United  States  :  Treason  3          3  1 
"     in  time  of,  soldiers  quartered;    Amend.  3. 

Warrants  for  searches  or  seizures,  how  to  issue.  Am.  4. 

Weights  and  measures                 -                -  1          8  5 

Welfare,  general,  to  promote.     Preamble. 

"        to  provide  for                 -                 -  1           8  1 

Writs  of  election                  -                -  -                12  4 


THE  UNITED    STATES    OF    AMERICA.  259 

Art.  Sec   Clause. 

Witnesses,  two,  to  convict  of  treason  -  3  3  1 

"         against  himself,   in   capital  or  infamous   crime. 

Amend.  5. 
"        to  be  confronted  with  the.     Amend.  6. 


Y. 


Yeas  and  Nays  entered  on  the  journal  of  either  house  at  the 

desire  of  one-fifth  of  those  present  1  ' 

"  entered  on  journal,  in  cases  of  re-considering 

matter  disapproved  by  President  1         7 


-  YD  08540 


''■  '\g^i 


'nr 


i 


3SL  ;SM^*?: '• 


-'MJAi^M^^^ 


V*k€, 


>  ^v  I  ,W  >' 


/fr#J^: 


:>•; 


» 


&• : 


'" 


TSi 


£& 


f  ( .-? 


SE£ 


# 


* 


:  '-t. 


*5.! 


3d 


a» 


* 


afc 


IE 


^^Pm 


XMfr*? 


m 


fc£ 


DKw 


:! 


*r. 


^-;i_^ 
&>/*:' 


CWfc! 


BhSSk 


"* 


,m 


' . 


h 


j* 


*s*< 


4 


7" 


~T    ■iSTi 


?^gi 


^ 


Rid 


^ 


